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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 116808
Experience:  Attorney with over 24 years experience.
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Looking second opinion just in case. ..(1)Would

Customer Question

Looking for a second opinion just in case. ..(1)Would Quiete enjoyment be violated when I was told that I could not keep my RV where initially instructed within days of lease signing?(2)Also restrictions on my ability to use the property that were not stated on the lease were put into place, does that make the lease voidable?I paid $40,000 at lease signing and the lease has an arbitration clause. They asked me to move the RV to another location later.(3) Does that change anything? (2r)Are the other points (imposing restrictions / telling me i cannot use the land leased for the scale intended, no power or electric) valid as well?(3)If the lease is void for any or those reasons, is the arbitration clause still binding?(4)I have put an additional $7000 into the project already. would I be able to recover that as well?(5)Is arbitration likely to result in the same reimbursement?(6)Is this response appropriate:"Please dont go down this road again. I want to help you find a tenant but I am not one. You know that neither of those are legitimate options for me and insisting they are is insanity.Quiete enjoyment was initially violated when I was told that I could not keep my RV where initially instructed. This immediately made the lease void within days of signing. When you put restrictions and on my ability to use the property, the lease would have been made voidable for me as well. By accepting your wishes for me to not use the property for my intended scale, the contract would have immediately been made void (April 21st) no matter what. Ontop of that the property did not have water or power and as far as I know still does not. That lease was violated in almost every way possible.When I asked for the deposit ($40000 from the void lease) back the second time (May 6th), I completed my legal requirement to give you notice that I demand my funds returned. Please have the money for me Monday so that we can move forward as friends. If you need to verify the validity of my claims, feel free to contact an attorney. I have already verified all claims with multiple attorneys. I was also told that legal fees and any money put into the project would likely be awarded as well (that includes any appropriate living expenses until my funds are returnes). It really makes me sad that you would even consider trying to hold me to that lease. You stopped the first project (void lease), destroyed the 2nd negotiation attempt by acting wreckless via text (back 9), and now sound like you intend to keep money that is not even mine when I cannot pay my bills on my own. You obviously do not care about me. Please stop pretending or take a minute to think about what you are doing. It is not in my best interest to resolve this the way I am trying to- I would prefer to be a good person instead of a good business person.."?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Upon reading your lease attached, there is nothing in there about storing any RV, it says that the land is for agricultural purposes only. You are alleging a breach of lease voiding the agreement, this means there is a dispute over the lease, which means the arbitration clause is valid and to resolve the dispute you must go to arbitration.
If the arbitrator finds that the lease does not prohibit you from placing your RV as a temporary structure/improvement, then you would be entitled to damages suffered by them telling you to move the RV. You have to prove that you were told initially where to put the RV, but yes, you have grounds to pursue breach of the lease, but it has to be under the arbitration provision, which can award you refund and void the contract or can order the landlord to allow your RV where it was and to not interfere or stop you (that is up to the arbitrator who acts just like a court would act).
Customer: replied 1 year ago.
How do I initiate arbitration?
Expert:  Law Educator, Esq. replied 1 year ago.
You need to send a written demand to the other party informing them that they are in breach of lease and you are demanding arbitration and then if they refuse to take action you would contact the American Arbitration Association to seek to file a claim with them to initiate arbitration and serve the other party the petition and claim for arbitration to begin the process.
Customer: replied 1 year ago.
When looking back over the actual lease, I realized that the landlord did not provide a valid lease. The lanlord gave me a copy of her lease with the property owner with out signature page on the back. Do I even have a lease?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, you still have a lease. The landlord does not have to actually sign the lease they provided to you for it to be valid, as long as you signed the lease their approval is implied by the fact they produced the lease.
Customer: replied 1 year ago.
She signed it but the front part of the lease is an agreement between her and the property owner. It details her lease, has her signature page, then our signature page behind that - all stapled together.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That is fine, since you have no agreement with the property owner it is not your concern, your agreement is with her and that is a binding lease she is violating.
Customer: replied 1 year ago.
Is this legally sound?***** *****
6631 Wagner Creek Road
Talent, Oregon
97540(###) ###-####**@******.***Dear Sus***** *****,On April 15th, 2016, the tenants signed a lease for the "Hazelnut Orchard" and paid you $40,000. Since then, you have violated quiete enjoyment several times, failed to provide a habitable residency, and the terms of our understanding were not legal. The contract is void. I have repeatedly made attempts to collect, but you have not come forth with the money.Due to your breach of contract, I have incurred expenses totaling over $2,600 which increase daily. I am requesting that you make the payment, $42,600 in full by May 20th, 2016, or make specific arrangements to pay the balance.I will expect a response to this letter no later than May 20th, 2016. If this matter is not resolved by the time specified above, I reserve the right to commence legal proceedings to recover the debt without further notice to you and this letter may be tendered in court as evidence of your failure to pay.Sincerely
Alexander Godbout
1314-B Center Drive #236
Medford, Oregon
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.Yes, the letter is appropriate for you setting out the basis of your claims and your demand, with one exception. The letter is not evidence of her failure to pay, it is just a letter written by you accusing her of not paying, so all it is evidence of is that you tried to resolve the matter in good faith. I would just delete that part of the sentence.

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