Landlord threatening lawsuit

I recieved a phone call from my old manager of an office suite I vacated Jan 1 informing me I am being sued by the landlord for early termination of my lease and repairs to the space.  In short I should laugh but anger is now setting in.

In a nutshell:

1. I exercised my written lease option of early lease termination after 3 years into a 5 year lease with a written 30 day notice that was accepted by the landlord. I moved out with his oral acknowledgement.

2. I left the suite in better condition that I found it. I spent $5,000 on carpet, paint and did all tenant improvements. Prior condition of the suite was uninhabitable. I rented it from the son of the landlord owner that at the time was the property manager. He approved my improvements and complimented my job after move in.

3. The building is in a coastal community. No air conditioning. No heat. Second floor suite with tin roof. No insulation.  I had 1000 square feet with 4 rooms. 1 room was uninhabitable due to no ventilation or heat. Summer was too hot, winter too cold. Roof leaked in 5 places. That room had flooding routinely that ruined the carpet and some of my persoan items stored.

4. During the term of my lease I made numerous requests in writing to repair my windows that did not open or fall off the tracks. Clean window so dirty I could not see out of them. Install some type of air conditioner so during summer months that internal temperature did not go beyond tolerable and affected my work. (dental lab with wax and materials sensitve to temperature). I had two entry doors and landlord's solutioin was to put a screen door in one to open and get outside air ventilation. We had bug problems that without the screen I was affected with bug bites. 

5. In short. Landlord took 2 years from the first request to install the screen door. Got estimates on the window repair and replacement. Windows were NEVER repaired. Screen door was installed by handymen. Did not seal the bugs out and was so flimsy it had to be taped shut and I only used one door for entry.

6. Best part is every rainy season the management office sent letters to the tenants telling us to cover out equipment to protect from ceiling leaks. I made numerous requests for repair of my roof. Handyment came in EVERY rainy day to see my floor and counter buckets catching water. I sent a letter to landlord advising them of a $70K machine that could be damaged and put them on notice numberous times.

When I move out I did a walk thru with this landlord. He objected to my wall mounted electrical conduit and ceiling fans I installed to move air. The ceiling of this suite was industrial open archetecture. No drop ceiling. When I moved in there was existing conduit from previous tenant. I added 3 flourescent lights. His manager son approved everything I did.  At move out I offered to remove conduit and sent my electrician in. This landlord came in and kicked my electrician out and refused to allow him to complete what we discussed.

I have not heard from this landlord since December 30th. They have sent letters to my previous office suite. They have my home address and phone. Never sent any letter. To my knowledge I fullflled my agreements to leave the space better than I left it. I even put that in writing to the landlord at exit.

The picture I am painting is a cheap landlord that never repaired problems. He is an elderly man with memory problems and evidently does not remember his own conversations with me as I am being sued by his attorney for the following:

1. early lease termination

2. repair and replacement of the window he promised to repair during my tenancy.

3. replacement of the carpet and floor I paid to install

4. removing wall mounted electrical conduit and ceiling conduit.

In short, this is malicious prosecution and I should be laughing at this attempt but I am angry. I have no doubt a reasonable attorney will understand I more intitled to compensation for interruptiong of business, habitation issues and his failure to make repairs than he is entitled to collection on his own failures.

Any advice would be appreciated. Are there any laws protecting leasees for issues like no heat, no air and failure to make repairs I can refere to.

thank you

The problem is what does the lease say and did you properly comply with same as to termination.

Oral agreements probably don't count--and may well be excluded by fine print in the lease.

His age and diminished will work to his advantage .  The oral agreement made by his manager /son may never see the light of day or his son may develop acute memory failure.

I agree your post reads like you had a totally inattentative LL who failed to maintain his property  but seemingly  as a tenant you tolerated same instead of requiring LL to maintain his building--if that is what lease required him to do. If I had a piece of $70,000 equipemtn sitting under his leaky roof I'd be most annoyed as well!

Not sure if lease required heat or A/C--did it?

Unless you have it in writing to the contrary, many  leases call for expenses to remove tenant installed anything  --but ofter you cannot remoce so called addition to the structure yourself-depends on what lease says.

But odds are  you don't have a viable counter claim for all the aggrevation and interruptions you suffered and if he sends in a paid gunman the gunman is going to make toast out of you in court.

I don't know if you can posture the leaky roof , flooded floors and management letters to cover equipment as a form of constructive eviction --but its worth asking an aggressive RE lawyer to comment upon. 

Personally I think you need a very scrappy lawyer rather quickly  and I might sort out a counter claim for expenses as the result of a constructive eviction due to failure to maintain a roof--I'm not says the counter claim has good odds--just I'd want to up the issues at stake.

I'm a retired LL ---I sense you got a rotten deal--but unfortunately you didn't seem to punch back hard enough early in the game

Were you served a summons and complaint?

bleu2th:

Prior condition of the suite was uninhabitable.

bleu2th:

The building is in a coastal community. No air conditioning. No heat. Second floor suite with tin roof. No insulation.  I had 1000 square feet with 4 rooms. 1 room was uninhabitable due to no ventilation or heat. Summer was too hot, winter too cold. Roof leaked in 5 places. That room had flooding routinely that ruined the carpet and some of my persoan items stored.

So, why did you rent this space if it was so lousy?  Sounds like you knew exactly what conditions you would be experiencing.

bleu2th:

I sent a letter to landlord advising them of a $70K machine that could be damaged and put them on notice numberous times.

I have a hard time believeing that you would prevail on getting anything out of the LL in response to a lawsuit since you obviously knew the conditions in advance.

Drew

Thanks for the response. In answer to your questions:

1. I complied with my lease and gave written termination that was accepted by the landlord AND he verbally acknowledged it with no exceptions or dispute.

2. The manager/son wrote the original lease. Father was not involved then.

3. My requests for repairs and leaks were in writing. LL sent handymen in during rains to go on roof and block leaks. Roof needed replacement. Managment told me that would not be done. I have photos of damage, water and written notice to the landlord.

4.My tenant improvements were carpet, floor and paint. I left the suite clean with only carpet cleaning necessary. Areas of stains on carpets were due to roof leaking. Definately LL problem, not mine.

5. I am not concerned with a counter claim although I beleive I have damages. This landlord is menatlly diminished and did not contact me although he had updated contact numbers. His office manager was on leave of absense.

6. I don't have any notice yet. Just a phone call from office manager telling me letter is on the way to my correct address. I was informed attorney wants to speak with me and i am confident I have a strong enough defense the attorney is aware of his mental condition and the poor condition of the building.

7. I have no doubt I can make a case for good cause to terminate per my lease. Not only did I leave the building in good shape but I offered to take out conduit and replace to original condition. Landlord opted to stop the work (after we agreed and I sent in contractor). He wanted the electrician to replace walls to a condition that did not exist.  As for the conduit on the ceiling, my conduit was added to what was oridinally there and the landlord did know the condition of this suite when I moved in. My last discussion was for him to call me to come in and meet and I would cooperate with making changes and filling my obligations.  He chose not to contact me and is not billing me for work that HE agreed during the lease to improve and failed over 2 years to do so.  He is charginging me to replace the windows that never opened and the screens that needed replacing from day one and he agreed to replace.

8. sorry, but no hired gun is going to convince me he is intitled to be paid for his own breaches and as I am told understands his state of mind and condtion.  I have no problem digging my teeth into this. I have photos, and documentation to support this.

I appreciate your input and agree that I need a counter claim to hit him in the gullet. I believe in my state of California there are regulations that require at least heat. I know I am entitled to a dry and comfortable environment, as well as temperature regulation that does not interfere with my buisness operation. I made that clear to him in writing as well.

I am not seeking any damages, just want to make it clear to his attorney they are going down the wrong road. Even their management told them I was an exemplary tenant. I was and they will not profit from being a negligent LL.

thanks

Nothing yet. Just told the attorney is sending me a lette threatening me with holding me to the balance of the term of the lease and a laundry list off repairs that most are due to their own poor maintenance and not from my tenancy.  I have not seen it yet as they sent letters to an address that was previous to my close to 4 year tenancy. They had my updated phone and addresses. Just their incompetence.

It sounds like the letter is a threat for me to pay them repairs. My lease termination was per my lease option to terminate after 3 years into a five year lease. It is in writing. They have no legs.  Repairs are clearly disputable.

His attorney is not there to be reasonable but to win for his client and unless you are an attorney I would NOT engage the enemy's attorney in conversation--you are destined to give away too much information that can be twisted against you.

bleu2th:

I believe in my state of California there are regulations that require at least heat. I know I am entitled to a dry and comfortable environment, as well as temperature regulation that does not interfere with my buisness operation. I made that clear to him in writing as well.

What you believe and what is legally mandated may not be the same.  What is the basis for your belief?  How do you "know" you are entitled to wat you stated?

Personally, I believe that you are a "day late and a dollar short" in trying to justify your actions since you were aware of the conditions of the space that you rented, before you rented.

I agree. That is why I am responding thru an attorney once I get his letter

If I was sure about this I would not be asking here. I am gathering information if it is available. I understand what I rented, however I sent many letters of complaints and requests to correct. LL acknowledged and responded with handymen that were ill equipped to correct and even had estimates done for windows and doors.

He clearly acknowledged my complaints and established his role to correct but never corrected. I am not looking for damages but I think responisbility shits to him and I have good argument against his billing me after I leave for what he agreed to and never repaired.

I did speak with the attorney who seemed to understand that the landlord accepted my letter of termination, did a walk thru with me as I believe accepted my exit.   However, I just got a letter from the attorney and when checking mylease discovered my leaase is only guaranteed by the corporation I held at the time. That corporation was dissolved in 08.

Am I correct in assuming that this issue is over. I am not personally on this lease and the corporation does not exist. No assets to attach.

I am trying to be forthright in discussing this with then but perhaps I should just send them a letter stating the corporation is dissolved and I have no responsibility to this lease?

bleu2th:

I did speak with the attorney who seemed to understand that the landlord accepted my letter of termination, did a walk thru with me as I believe accepted my exit.

"Seemed to understand"?

Dangerous words.

Thay could be your perception of what the attorney said, or the attorney's attempt to shine you on while, in reality, he's preparing a lawsuit for his client. That attorney is your enemy. Do not believe anything he tells you.

bleu2th:

when checking mylease discovered my leaase is only guaranteed by the corporation I held at the time. That corporation was dissolved in 08.

Are you sure that the lease doesn't have a personal guarantee in there someplace?

bleu2th:

Am I correct in assuming that this issue is over. I am not personally on this lease and the corporation does not exist. No assets to attach.

That's possible.

bleu2th:

I am trying to be forthright in discussing this with then but perhaps I should just send them a letter stating the corporation is dissolved and I have no responsibility to this lease?

I suggest no more conversations and no more correspondence. No matter what you say or write, if there is going to be a lawsuit, there will be a lawsuit and you'll get to defend it in court. Anything you say or write won't prevent that and will only give the enemy ammunition to use against you.

The only thing that attorney wants to hear or see is "I'm sending money." So, if you aren't sending money, talking and writing won't do you a bit of good.

That sounds reasonable and If I were the attorney I would be working for the client.  I appreciate the comments.  I will just wait for the next contact. Really, my only answer is the corporation is dissolved with no assests and that is the guarantee on the lease. It will be up to him as to how much he wants to waste his clients money with no chance of collecting.

bleu2th:

Really, my only answer is the corporation is dissolved with no assests and that is the guarantee on the lease

And that will be your answer to any lawsuit, if there is one.

bleu2th:

It will be up to him as to how much he wants to waste his clients money with no chance of collecting.

Actually, that's up to his client. The attorney will happily spend every last nickel that his client owns if the client doesn't say stop.

You have positively  no duty to alert enemy's counsel to potential flaws in its points or to your apparent solid defense and I suggest you  NOT discuss it with enemy at all and especially not his attorney --let the enemy spin its wheels all day long......

Discuss your written contract / lease with your attorney as sort out the robustness of your defense  both personally and the corporation. .