Thanks again, I am so grateful for your help as I have never encountered anyone so unreasonable and bully like him.
here my lease says: "
2. Term The premises are leased for a term of ten (10) years commencing on November 1, 2011, and expiring on October 31, 2021. In the event the Tenant improvements are substantially completed prior to the aforementioned commencement date then the lease and lease payments shall commence on the date of said earlier substantial completion. In the event the earlier commencement of the lease is less than a full month, than the amount of rent due shall be prorated accordingly."
It doesn't mention he has to make the place available for me even though during the lease neogociation, my lawyer suggested:" It appears that the additional language in the proposed lease, (i.e. the lease term does not begin until leased premises are substantially completed) fully protects your client. Setting the start date 3 months from now is a disincentive for the L/L to move swiftly. Additionally, L/L does not want to be in the position of delaying the commencement of the lease due to any delay brought about by the Tenant. It has always been the L/L's understanding that the Tenant wants to be in the premises asap. However, if there is some other reason why the lease needs to be started later that was not previously discussed, please share that information with me.
and then the landlord responded 8/3/11:" Your response has not addressed the L/L's concerns. To help move past this issue may I suggest that the lease start on 11/1/11, the date you have chosen, or earlier if the L/L completes all of the improvements it has agreed to do or if there is any delay brought about by the Tenant or Tenant' contractors, then on the date the L/L could have completed its work but for any such delay".
my comment to the above at that time in Aug: "my contractors will need some time to complete their work after L/L's contractors have finished. Eg, flooring will not be started until the walls and paint are completed so as to prevent damage. Cabinetry can't be installed until the floor is done. I don't consider these as "delay". It won't be fair for him to take two months and leave me two weeks to finish. I think 11/1/2011 should be sufficient time to start."
sorry to bother you this late, you really help to ease my mind.