Wanting serious comments regarding a particular business practice (18)
Hiya rohaan 
weellll..... life sucks sometimes.
My first thought was.... could she remove the heat pump and take it with her....yaahhh, i know.... not my best side.
there will always be unscrupulous business folks. The lesson: Take the information forward, and next time, do more due diligence before signing contracts.
As far as a business is concerned, if $5000 is going to make or break it, it may of been a blessing in disguise me thinks, and walk away.
Smarter, more aware....and closer to success at a more favourable location, leased from someone a bit more ethical.
There’s only three choices...
accept it.
or
change it,
Or
leave it.
And to complete the cycle....
life really does suck at times.
weellll..... life sucks sometimes.
My first thought was.... could she remove the heat pump and take it with her....yaahhh, i know.... not my best side.
there will always be unscrupulous business folks. The lesson: Take the information forward, and next time, do more due diligence before signing contracts.
As far as a business is concerned, if $5000 is going to make or break it, it may of been a blessing in disguise me thinks, and walk away.
Smarter, more aware....and closer to success at a more favourable location, leased from someone a bit more ethical.
There’s only three choices...
accept it.
or
change it,
Or
leave it.
And to complete the cycle....
life really does suck at times.
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jono7: Hiya rohaan
weellll..... life sucks sometimes.
My first thought was.... could she remove the heat pump and take it with her....yaahhh, i know.... not my best side.
there will always be unscrupulous business folks. The lesson: Take the information forward, and next time, do more due diligence before signing contracts.
As far as a business is concerned, if $5000 is going to make or break it, it may of been a blessing in disguise me thinks, and walk away.
Smarter, more aware....and closer to success at a more favourable location, leased from someone a bit more ethical.
There’s only three choices...
accept it.
or
change it,
Or
leave it.
And to complete the cycle....
life really does suck at times.
Thanks for writing--good over-view altogether. weellll..... life sucks sometimes.
My first thought was.... could she remove the heat pump and take it with her....yaahhh, i know.... not my best side.
there will always be unscrupulous business folks. The lesson: Take the information forward, and next time, do more due diligence before signing contracts.
As far as a business is concerned, if $5000 is going to make or break it, it may of been a blessing in disguise me thinks, and walk away.
Smarter, more aware....and closer to success at a more favourable location, leased from someone a bit more ethical.
There’s only three choices...
accept it.
or
change it,
Or
leave it.
And to complete the cycle....
life really does suck at times.
------ This thread is Archived ------
Im afraid the landlord has every right to discontinue the lease when it expires, assuming he was to take over the business.
If however, the lease was to expire & he was to renew the lease,first option should be offered to the existing leaseholder.
As this wasn't the case, your friend has no leg to stand on.
Personally, I would have enquired about a new lease , before any expensive alterations took place.
If however, the lease was to expire & he was to renew the lease,first option should be offered to the existing leaseholder.
As this wasn't the case, your friend has no leg to stand on.
Personally, I would have enquired about a new lease , before any expensive alterations took place.
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Wasn't talking about me and as far as the homes go for people no matter the research some will get stung in regard to those business's they should of took a week or two of spying they would of had a better idea of what they were getting themselves into.
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Mercedes_00: Wasn't talking about me and as far as the homes go for people no matter the research some will get stung in regard to those business's they should of took a week or two of spying they would of had a better idea of what they were getting themselves into.
Exactly!You should always ask for 3/5 years trading accounts, which btw, are not always accurate.
The best way, is what you said, or sit by the till for a week or 2 to get an accurate reading of the takings.
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rohaan: Hello one and all--here's what the topic is all about:
Some years ago a very close friend of mine saved all of her money to buy a small but thriving specialty store. The unit was in a small mall of about five shops. She took out the required lease of 18 months. (She did not own the actual building or a cooperative part of it, just the business). At the sixth month, the inspectors came in, as they do, and found that the heat pump was in such bad condition that it needed replacing. The cost was about $5,000.00. When she called the landlord to tell him, he told her that it was her responsibility to replace it. She politely disagreed, and did some research. Sure enough, it was on her to replace it. She appealed to him for cost-sharing, but he adamantly refused. Because she was still in the lease, she could not leave without having to pay the full year still ahead, so she took out a loan and replaced the heat pump. At the end of the year, the owner declined a new lease, evicted her, and moved into his own building setting up the business he had been planning on the whole time. (yes, I know that can't be "proven"). Now, when current law allows this, what may I ask you, my friends, would hinder or stop a landlord from knowingly renting out his space, knowing that an expensive upgrade will be, not only free, but uncontestable? Please tell me what you think. Thanks
I'm surprised the landlord would even do a lease that short. Around here 3-years minimum would be more the norm. Each lease can be different in the terms and conditions. Remember you don't get what you deserve, you get what you negotiate. Never agree to percentage rent where the landlord gets extra rent if your sales are above a certain point. Instead try and get a kickout clause that lets you out of a lease if sales are below a certain number. Putting HVAC repairs on the leasee is fairly common, as failure to replace filters can damage the units.Some years ago a very close friend of mine saved all of her money to buy a small but thriving specialty store. The unit was in a small mall of about five shops. She took out the required lease of 18 months. (She did not own the actual building or a cooperative part of it, just the business). At the sixth month, the inspectors came in, as they do, and found that the heat pump was in such bad condition that it needed replacing. The cost was about $5,000.00. When she called the landlord to tell him, he told her that it was her responsibility to replace it. She politely disagreed, and did some research. Sure enough, it was on her to replace it. She appealed to him for cost-sharing, but he adamantly refused. Because she was still in the lease, she could not leave without having to pay the full year still ahead, so she took out a loan and replaced the heat pump. At the end of the year, the owner declined a new lease, evicted her, and moved into his own building setting up the business he had been planning on the whole time. (yes, I know that can't be "proven"). Now, when current law allows this, what may I ask you, my friends, would hinder or stop a landlord from knowingly renting out his space, knowing that an expensive upgrade will be, not only free, but uncontestable? Please tell me what you think. Thanks
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One2note: Exactly!
You should always ask for 3/5 years trading accounts, which btw, are not always accurate.
The best way, is what you said, or sit by the till for a week or 2 to get an accurate reading of the takings.
YesYou should always ask for 3/5 years trading accounts, which btw, are not always accurate.
The best way, is what you said, or sit by the till for a week or 2 to get an accurate reading of the takings.
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It's very rare for the landlord to take over the lease. I find It rather strange, especially if has other properties that are bringing income.
On the point of a short term lease.. It can be if interest to the vendor, having to pay minimal , or no premium on the property & if things don't go to plan, then they don't get tied down with a long lease, however, it would be advisable to having the option of renewing the lease.
On the point of a short term lease.. It can be if interest to the vendor, having to pay minimal , or no premium on the property & if things don't go to plan, then they don't get tied down with a long lease, however, it would be advisable to having the option of renewing the lease.
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rohaan: Hello one and all--here's what the topic is all about:
Some years ago a very close friend of mine saved all of her money to buy a small but thriving specialty store. The unit was in a small mall of about five shops. She took out the required lease of 18 months. (She did not own the actual building or a cooperative part of it, just the business). At the sixth month, the inspectors came in, as they do, and found that the heat pump was in such bad condition that it needed replacing. The cost was about $5,000.00. When she called the landlord to tell him, he told her that it was her responsibility to replace it. She politely disagreed, and did some research. Sure enough, it was on her to replace it. She appealed to him for cost-sharing, but he adamantly refused. Because she was still in the lease, she could not leave without having to pay the full year still ahead, so she took out a loan and replaced the heat pump. At the end of the year, the owner declined a new lease, evicted her, and moved into his own building setting up the business he had been planning on the whole time. (yes, I know that can't be "proven"). Now, when current law allows this, what may I ask you, my friends, would hinder or stop a landlord from knowingly renting out his space, knowing that an expensive upgrade will be, not only free, but uncontestable? Please tell me what you think. Thanks
Odd, I’ve seen a lot of property lease agreements and the property owner has always been responsible for the mechanicals in the leases, like to this heat pump. Some years ago a very close friend of mine saved all of her money to buy a small but thriving specialty store. The unit was in a small mall of about five shops. She took out the required lease of 18 months. (She did not own the actual building or a cooperative part of it, just the business). At the sixth month, the inspectors came in, as they do, and found that the heat pump was in such bad condition that it needed replacing. The cost was about $5,000.00. When she called the landlord to tell him, he told her that it was her responsibility to replace it. She politely disagreed, and did some research. Sure enough, it was on her to replace it. She appealed to him for cost-sharing, but he adamantly refused. Because she was still in the lease, she could not leave without having to pay the full year still ahead, so she took out a loan and replaced the heat pump. At the end of the year, the owner declined a new lease, evicted her, and moved into his own building setting up the business he had been planning on the whole time. (yes, I know that can't be "proven"). Now, when current law allows this, what may I ask you, my friends, would hinder or stop a landlord from knowingly renting out his space, knowing that an expensive upgrade will be, not only free, but uncontestable? Please tell me what you think. Thanks
Property Owners have always been able to easily write-off repairs like this from their federal taxes usually depreciated over a number of years here in the states. Must have been low rent attracting someone to assume responsibility for the mechanicals In a building.
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I don't get it either...the way I see it is...his building...his repairs...but since she fixed it...I definitely would have removed it and took it with me...if I paid for it...its mine....
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Tell her to take it to Judge Judy
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Mercedes_00: Tell her to take it to Judge Judy
Hi again, everybody, and thanx a million for the (generally) wise responses. Now, I want to say this BEFORE I say something about my current research on this: I LOVE MY STATE, I LOVE MY STATE, I LOVE MY STATE!!!! Okee dokie--Oregon is a difficult state to do business in. Hands down. Here's the problem I dug up--(see corvallislegal.com--"Commercial Leases", Steven A. Heinrich, Ph. D Attorney-At-Law, paragraph 10.
Interpretation of any particular lease is somewhat left open to whatever lawyer or judge happens to be dealing with it at the time. In some cases, the lease can be manipulated (yes, a CONTRACT!) to fall in favor of either party, and the judge/protem gets to decide at that particular time. (It usually is in favor of the landlord). So, a person can be very astute at reading and signing a lease with the full confidence of "fairness" and still be screwed. So, all I am asking is that those of you who seem to feel it is somehow the tenants fault for not doing thorough enough research--not necessarily the case. Personally, I don't care for "grey" areas. When I bought my house years ago in Portland, I took two full days to read the 12 page contract, and even though everyone was "in agreement" that all monies were fully paid, I was still held up for an additional 1100. It was not my fault, and they got away with it. Please don't blame victims.
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Ro: that didn't seem right to me, but I looked it up and yep you are right, she had to buy one. But that doesn't make much sense. I think if she wanted to she could have taken him to small claims court and he could have been made to pay a portion of it if she could prove his intent which was wanting someone else to pay for the boiler then getting them out. I really think it was wrong of him. But that's my opinion. I guess a lesson learned, check out absolutely everything with building inspectors before renting something long term.
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crazyblondeone: Ro: that didn't seem right to me, but I looked it up and yep you are right, she had to buy one. But that doesn't make much sense. I think if she wanted to she could have taken him to small claims court and he could have been made to pay a portion of it if she could prove his intent which was wanting someone else to pay for the boiler then getting them out. I really think it was wrong of him. But that's my opinion. I guess a lesson learned, check out absolutely everything with building inspectors before renting something long term.
Hey there--thanx for writing. After moving her business and going through a rather slow year, it picked up again and she has now been doing well in it for quite awhile, so I guess it was a "when a door closes, a window opens" sort of thing. I believe in Kharma, too, and that landlord will or is getting what he deserves. That, I believe. see you........
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rohaan: Hey there--thanx for writing. After moving her business and going through a rather slow year, it picked up again and she has now been doing well in it for quite awhile, so I guess it was a "when a door closes, a window opens" sort of thing. I believe in Kharma, too, and that landlord will or is getting what he deserves. That, I believe. see you........
Will there be a mysterious fire at the landlords place....or maybe a robbery gone wrong, but was it really a robbery....a hit and run maybe outside his store.....
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crazyblondeone: I am always screaming at the TV and the people going up in front of her "don't do it!!" but they never listen, she eats them alive.
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online today!I remember when i leased a building for my business, it said the landlord got to keep all my upgrades to fixtures that I had completed. One would need to keep all of the old stuff they took out and put it back when the lease was up.
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Some years ago a very close friend of mine saved all of her money to buy a small but thriving specialty store. The unit was in a small mall of about five shops. She took out the required lease of 18 months. (She did not own the actual building or a cooperative part of it, just the business). At the sixth month, the inspectors came in, as they do, and found that the heat pump was in such bad condition that it needed replacing. The cost was about $5,000.00. When she called the landlord to tell him, he told her that it was her responsibility to replace it. She politely disagreed, and did some research. Sure enough, it was on her to replace it. She appealed to him for cost-sharing, but he adamantly refused. Because she was still in the lease, she could not leave without having to pay the full year still ahead, so she took out a loan and replaced the heat pump. At the end of the year, the owner declined a new lease, evicted her, and moved into his own building setting up the business he had been planning on the whole time. (yes, I know that can't be "proven"). Now, when current law allows this, what may I ask you, my friends, would hinder or stop a landlord from knowingly renting out his space, knowing that an expensive upgrade will be, not only free, but uncontestable? Please tell me what you think. Thanks