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Loren, Attorney
Category: Legal
Satisfied Customers: 34398
Experience:  30 years experience representing clients.
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I am in a facility called Swapsmart. When I signed my original

Resolved Question:

I am in a facility called Swapsmart. When I signed my original lease agreement with them they gave me an exclusive on a product called slide letter bracelets. Now they have let another person in selling that product. My partner and I gave them a notice to vacate, but I told them I may stay, depending on what terms they can give me. They told me that unless I sign a new contract with them I am considered a "lame duck" vendor and they will not honor the agreement. Who is right here?
Submitted: 5 years ago.
Category: Legal
Expert:  Loren replied 5 years ago.
If the original agreement provided for cancellation by the notice to vacate then the lessor is correct and you would need to enter into a new agreement because the original has been cancelled.
Customer: replied 5 years ago.
The original agreement did not provide for cancellatin by the notice to vacate. Who then is correct? I t was just a simple statement saying, "exclusive on slide letter bracelets." That is all that it said.
Expert:  Loren replied 5 years ago.
What was the original term and what terms were provided for early termination?
Customer: replied 5 years ago.
The original length of the term was for 4 months. We paid the first and last month's rent when we moved in. I did not terminate the agreement early. At the end of the first 4 months we just stayed on. We paid rent for one month then gave notice. We are using the last month's rent deposit as our last month's rent, as per the agreement. Evidently they were supposed to have written up a new agreement when we stayed the extra month and they never did that.

In fact, they "lost" the original agreement and I had to bring in the original copy to them to prove that they did, in fact, write the words "exclusive on slide letter bracelets" on them.
Customer: replied 5 years ago.
Relist: Incomplete answer.
just answer the last question
Expert:  Loren replied 5 years ago.
Once the original term ended you became month to month. In that case your tenancy may be terminated on one month's notice by either the landlord or tenant. The landlord is within their rights to demand you enter into a new written lease agreement.
Customer: replied 5 years ago.
That is fine, but for this last month, do I still get my exclusive? I need time to decide if I will stay there or not; in the meantime, if they do not enforce my exclusive on the product I have, this much lessens my inclination to stay there.
Expert:  Loren replied 5 years ago.
You are entitled to enforce the terms of the original agreement.
Customer: replied 5 years ago.
And how should I phrase that to them?
Expert:  Loren replied 5 years ago.
That, for the time you have left in possession, they are in breach of the lease an subject to damages for the breach.
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