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I rented a commercial local for a computer gaming center. I…

I rented a commercial local...
I rented a commercial local for a computer gaming center. I started the lease in August of 2017, and in the month of December I get the increase in rent based on the annual increase, I understood that to be a year of renting before the increase, however according to the lease the owners Interpreted the year as the year ending in December and not the 12 month cycle, which would have been from August 2017 until the next August in 2018. How can this be anything other than deception
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Answered in 5 minutes by:
1/22/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 5 months ago
Okay I get it

Great, thank you! Bear with me a moment while I review…

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Customer reply replied 5 months ago
55357;�

I'm sorry to hear about your situation.

This appears to be a case of fraudulent misrepresentation if they intended to lead you to believe the rent would not increase until your 12 month period was up. Basically, fraudulent misrepresentation is when someone intentionally makes material statement or makes a material omission that induces someone else to enter into an agreement. The other party can also be held liable for negligent misrepresentation if they state a fact that induces the other party to enter into an agreement without having reasonably checked on the accuracy of their statements. A fraudulent or negligent misrepresentation can lead to the rescindment of a contract in addition to a payment of damages to the other party who was misled.

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Customer reply replied 5 months ago
That is my gut feeling I’m looking for the paragraph in the lease which address this I want to let you know how it’s written wether it’s a fiscal year or whatever I just want you to know how they put it in the lease just give me a moment

Sure thing.

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Customer reply replied 5 months ago
To point out I spoke inaccurately we started renting from May not August We opened in August
Which still puts them demanding the increase 5 months before our 12 month cycle matured.It reads Beginning on the first adjustment Date during the term of the lease, for the succeeding calendar year the monthly base rent shall be set forth in Schedule A

Ok, thanks for uploading that. Based on what you provided, i appears as if the increase was valid; however, did they tell you anything that was contrary to this?

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Customer reply replied 5 months ago
Not really I was excited to be getting the place so it was not highlighted as a point of clarity on the topic I never rented a commercial space so I was being careful/cautious and I guess this is my first pitfall. My take on this is they should have been clear on the rent procedures since they do this all day long and I don’t
Customer reply replied 5 months ago
Do you recommend I see an attorney on the matter

I agree. I was in a similar situation myself when it came to cancelling a lease. I had to let them know something like 2 months in advance and it was never discussed so you're not alone.

You could hire a lawyer, but you may want to try to handle this yourself to save some cash.

One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

Legal Eagle
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Satisfied Customers: 13,233
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Customer reply replied 5 months ago
This is the lease
Customer reply replied 5 months ago
Oh sorry I didn’t mean to start questioning you again I just thought you should see the way it was written unless you have a different view as a result I’m okay with your response

Hi, let me double check for you...

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Ok, yeah, 'm sorry, it looks like the contract allows for the increase. I think it's a bad way to do business, but that's commercial leases sometimes:-(.

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Customer reply replied 5 months ago
Acceptable response to the question
Customer reply replied 5 months ago
I would use legal eagle �� again satisfied with attorney
Thanks so much!!
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