I'M SO MAD!! MY LANDLORD IS A LIAR!!!! Pics on pg 6

Discussion in 'Random Ramblings' started by katiek, Feb 4, 2009.

  1. katiek

    katiek Chillin' With My Peeps

    367
    0
    131
    Nov 4, 2008
    Wildwood, GA
    Okay......so this is a looooong rant, but I need to vent!

    Almost a year ago, I rented this big empty warehouse from an artist in a popular part of town. I have a dance company and we needed a place to rehearse and perform. I hit the ground and raised money and invested over $15,000 into building the space out. Before, it was an empty warehouse. Now it's a working theater with a stage, tech booth, hallways, and a separate front room that houses the art gallery. The whole building shares common bathrooms.

    When I first moved in, I was told that use of the bathrooms for the first year would be free. He was fully aware of our business plan and that we were going to house an art gallery in the front and a theater in the main room. He knew that we were going to rent out the theater to other performing artists and even for parties and weddings.

    NOW....the past year has been rough. My business partner and "best friend" embezzled $4000. But that's a whole other issue. I'm still trying to recover from that one.

    My landlord has recently realized how valuable I have made my space and is now telling me that I can't rent out my space because it's legally "subletting" which is in my lease as something I can't do. But for the first 7 months he had no problem with it and we even did collaborating events!!

    NOW, however, he doesn't like it when I rent my space out for parties, weddings, etc, because it's in competition with his business (an event space in the same building). For a while I let my landlord use my space occasionally for free when he wanted to have huge parties.

    So we worked out this deal. For every freebie he got, I could have 5 non theater events.

    Okay, here's where it gets complicated...
    So then his wife set up a meeting with me saying that I'm not allowed to "sublet" anymore, even though her husband and I had worked it out. She now wants to be in charge of all of our rentals.

    So now, basically, the new deal is that they will run all the events and bookings, and I get 50% of the cut. BUT, due to all the free rentals I gave them, they will give me 100% of the cut until that 5:1 ratio is fulfilled.

    I agreed to this because my landlord had taken 6 free rentals and I had had 2 non-theater events. So, that means that I should get 28 non-theater events before this new deal kicked in. That means 100% of the rentals for the next 28 rentals.

    There is a church that is in there every week, and basically they supplement most of my rent. So they can be in there for 28 more weeks before I loose 50% of that money to my landlord. This worked out perfectly because my lease is up in 2 months. So I'd be set until the end of my lease.

    Are you confused yet?

    NOWWWWW it gets interesting. My landlady LIED to me about how much they were paying. She told me they were paying $200 a week, but they are actually paying $250 a week. AND she is not honoring the 28 weeks of me getting the full amount off my rent.

    So now she wants me to pay my rent IN FULL while she get $250 a week off of the church who is in MY space which I am paying rent for.

    PLUS they took the art out of the gallery because he wants to put his own artwork up. I am pitching a FIT over that one.

    Any advice on what I should do? I'm sick of getting taken advantage of!!!!

    I'm definitely out of there as soon as my lease is up. But it's a shame because I put $15,000 into that space and now we have no place to go.
     
    Last edited: Feb 8, 2009
  2. HennysMom

    HennysMom Keeper of the Tiara

    Hmm.... if there is a "no sublet" clause in your lease, there is nothing you CAN do unfortunately - its your landlords property and you are at their mercy. They can change the terms any time they want to - doesnt seem right, but... law's on their side.

    I'd ride it out for the remainder of the lease - and in that timeframe, start looking for a place you can possibly purchase yourself. If you've sunk 15K into a place to "Fix it up" for someone else and on top of that - pay rent to him... I'd think you'd be able to find a place for purchase and start paying yourself before you pay someone else's mortgage.

    Sorry they're doing this to you..
     
  3. katiek

    katiek Chillin' With My Peeps

    367
    0
    131
    Nov 4, 2008
    Wildwood, GA
    Yeah! I definitely learned my lesson about that one! Better to buy than rent in a case like this.

    Thanks!
     
  4. Cetawin

    Cetawin Chicken Beader

    13,752
    58
    333
    Mar 20, 2008
    NW Kentucky
    hmmmmmm I have some thoughts on this one. Let me do some quick research. But I think under GA Law, that once someone voids a written restriction (such as coordinating the events etc etc on the subletting), that it voids that provision from being enforceable for the term of the lease. However, I need to check that out for sure. In any event, when it comes time to renew the lease you will face the same issue again.

    Who signed the lease on their behalf...the wife? the husband? or both? Was the agreement you worked out with him in writing or just verbal?


    I hate shady landlords...

    Be back in a bit after a visit to westlaw
     
    Last edited: Feb 4, 2009
  5. katiek

    katiek Chillin' With My Peeps

    367
    0
    131
    Nov 4, 2008
    Wildwood, GA
    Thanks for the info.

    Unfortunately all of this is verbal.

    I kept trying to get them to sign something, but they kept stalling.

    Now I know why.

    ETA: They signed the lease as an LLC, under which they both are officers.

    I signed it under my LLC as well.
     
    Last edited: Feb 4, 2009
  6. bantamman13

    bantamman13 Chillin' With My Peeps

    271
    0
    129
    May 27, 2008
    If you have a written contract on the first agreement you have a solid legal stand if all the other "agreements " were oral. If your original agreement was not on paper and was only oral it's going to be your word against thiers in court for lost income, unless you can show evidence of a paper trail as to how the agreement was arranged to backup your claims. Either way unfortunatley sounds like someone got greedy on you. I only hope you have a binding writen agreement with them.
     
    Last edited: Feb 4, 2009
  7. PamsPride

    PamsPride Chillin' With My Peeps

    496
    0
    129
    Nov 19, 2008
    OHIO
    I was a landlord for a short time and I got the impression that if I did not follow the contract then it was pretty much void also. Like if I let them slide this month on the late payment fees I could not turn around and enforce it the next month.
    Hope everything works out for you. Do you get to take all of the updates you did and return the building to its original condition when you leave?
     
  8. katiek

    katiek Chillin' With My Peeps

    367
    0
    131
    Nov 4, 2008
    Wildwood, GA
    I wish I did! [​IMG]
     
  9. horsejody

    horsejody Squeaky Wheel

    6,923
    26
    271
    Feb 11, 2008
    Waterloo, Nebraska
    I would revert the area back to its original condition and not renew the lease. They can't really complain if you give it back to them in the same condition you received it, especially if nothing is in writing.
     
  10. katiek

    katiek Chillin' With My Peeps

    367
    0
    131
    Nov 4, 2008
    Wildwood, GA
    I'm not sure.

    I want my security deposit back, but I'm sure they'll find a reason to deny that to me as well. I just know how they are!

    If they deny it to me though, I'm definitely going to try to take my build out with me.

    There is a special dance floor on the stage which is a floating floor.

    I am DEFINITELY taking that with me, because I can install it in my next space.

    I can't exactly tear the walls down though.....or maybe I can. [​IMG]
     

BackYard Chickens is proudly sponsored by