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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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I rent a commercial space in the Bronx, iam the president of

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I rent a commercial space in the Bronx, iam the president of a social club, we use the space as our meeting hall / club house, this was explained to the landlord before the lease was signed. there are 2 tenants above us, they are complaining to the land lord about the noise, because on Friday and Saturday's we play music and have a good time. I mailed every tenant in the building, and told them that these are the days when we have events. My land lord never said anything about what hours we can occupy the space, and there is no mention of that in our lease. does she have grounds to terminate our lease??

William B. Esq. :

Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I am sorry to learn of this situation. Unfortunately, the landlord is likely trying to terminate your lease in order to protect his residential tenant's "implied right of quiet enjoyment". What this means is that the landlord should not have rented the space to you in the first place as there is an inherent conflict between your clearly stated needs for use of the property (the landlord must provide you with an "appropriate use") and the residential tenants.

Customer:

ok I understand, so am I the person who is going to take a lost here , or what would be the appropriate thing to do??

William B. Esq. :

What you can do is ask the landlord for damages due to the need to relocate. (The landlord has breached the lease agreement with you and owes damages.

William B. Esq. :

The valuation of these damages would be the cost to relocate (physical relocation, any mailings etc. that must go out, (the scope is "reasonably foreseeable damages" arising from the breach).

Customer:

yes, we put over 2 thousand dollars into this place, floors , walls, rent is 1,250 a month , I paid 2 months rent, and one months security , 3,750 altogether, do you think that there is something more I can do to stay?? like a meeting with the tenants etc...

William B. Esq. :

You can also seek the difference in rent between a new location and the current location (you pay $9 currently, a reasonably comparable space is $10, you get $1 per month in damages). (I will address your specific damages below).

William B. Esq. :

You should get a pro-rated refund for the cost of improvements (the landlord owes you this money); you get any rent money back for the period you are unable to occupy the building; you should get your security deposit back in full (minus any claims for actual damages - the landlord is in a poor position here to claim minor claims).

William B. Esq. :

All matters like this should go through some form of mediation or settlement discussions (my opinion). It is possible to put in accoustic barriers (landlord's cost) to help reduce this impact on the residential tenants, there are many other options that can arise to reach a settlement, and something short of evicting a tenant with thousands of dollars in damages to the landlord seems possible.

Customer:

ok, they called me this morning, and want to meet at 1 oclock to speak, and they want to see the space, do I have to let them in to se the place ???

William B. Esq. :

They are required to give you 24 hours notice. It is your discretion as to whether or not you wish to waive the notice and allow them to see the space earlier.

Customer:

this is a very stressful situation ,because I explained all of this to them before the lease was signed, we sat and spoke, they never asked for financials or any of that, just wanted money, I was eager because there is a bar / club downstairs that stays open until 3 in the am, that makes a lot of noise, we can hear it in our space. I gave them a mission statement , and explained what we where using the space for. I just don't understand what the issue is.

William B. Esq. :

The issue is that the landlord rented the space to you when your stated use conflicted with his current residential tenant's right to quiet enjoyment. This oversight and failure to ensure a compatible use by the landlord is now causing your club money. The landlord is responsible to make it right (either by modifying the building, reaching an agreement with the residential tenants, or paying for your relocation plus other damages identified above).

Customer:

I understand. this is not a everyday thing, we are there during the week, and usually out by 10 or so, its really our hang out place , all of us work and come to watch a game, talk, and be social etc... we only play music on Friday and Saturday, and the tenants were notified of this. This is really crazy, but I appreciate the answers this has been very helpful.

William B. Esq. :

You are welcome. I do hope that this matter is resolved quickly if you have any further questions please do not hesitate to let me know and I will follow up quickly.


Thank you for using our service, please do not forget to rate my answer when you are satisfied.

Customer:

so when I meet with them, what should I ask for , or say etc...

William B. Esq. :

I cannot give you specific legal advice through this forum, but having a good understanding as to the fact that this is the landlord's obligation and the scope of damages you could require in a civil lawsuit, if it came to that, should help you with leveraging your position in any negotiations. This really is the landlord's fault and while you may end up bargaining something away to resolve this issue, you can do so from a more knowledgeable position (requesting reduction in rent etc.)

Customer:

thanks again, I appreciate the answers.

CalAttorney2 and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.


also , we built a bar in the space and removed a wall , the bar is for members only, we do not sell alcohol, and the wall we removed was not a foundation wall. would that be a problem??

The modification of the space is subject to the terms of your lease. If you are permitted to make these non-foundational and non-load bearing modifications to the unit, the landlord is responsible to you for the prorated loss of use (cost of installation plus cost of removal) in the amount equal to the lost time on your lease.

The bar itself should not be a problem as it is irrelevant to this issue. If it is a breach of the lease (meaning you are not allowed to have it), you may receive a notice to repair or quit, which means you would have to remove the bar, but it is not grounds to terminate your lease.
CalAttorney2 and 2 other Legal Specialists are ready to help you