Legal Question in Landlord & Tenant Law in California
Retail lease � commercial landlord/tenant issue
If my landlord overcharge about $380,000 on CAM charges in four years period. When I discovered it, landlords admit of wrong doing and offer to refund all tenants. He wants to pay but as credit on monthly basis deducting from currant CAM charges. He also doesn�t want to pay interest and asking me to sign settlement with many points which are not related to this one. I want whole amount to gather and he don�t want to pay that way. He will now evict me if I don�t sign the settlement. (My lease expires soon and he claim they didn�t receive any request from me to extend and use my option)I asked to modify the settlement agreement which he do not want to agree.
Can I file complaint to any government agency? (Consumer affairs, Department of Corporation, etc?)
Any comment and advice?? Thank you.
3 Answers from Attorneys
Re: Retail lease � commercial landlord/tenant issue
If your landlord withholds renewal of your lease based on your failure to sign the settlement, you should consider 2 things: 1. the deal is probably not any good; and 2. this could be considered a retaliatory eviction and be a complete defense to any eviction.
Call me for a free consultation. I would highly consider highering an attorney from the beginning to negotiate a prompt and fair settlement of your issue. I have nearly 10 years experience in landlord/tenant law and have sat as a judge pro-tem presiding over landlord/tenant eviction cases. Give me a call.
Re: Retail lease � commercial landlord/tenant issue
Yes, you do have the option of filing complaints with governmental and/or consumer groups based on the facts of your case, especially if fraud is involved. However, you may also want to strongly consider filing a lawsuit or retain an attorney ASAP to negotiate the best terms of a settlement out of court. For prompt, affordable legal assistance in this matter, contact us today for a free phone consultation.
Re: Retail lease � commercial landlord/tenant issue
Consumer Affairs would not apply, as this is a commercial lease. Department of Corporations would not care, even if there was relevance. You are probably better off retaning an attorney now to either (1) file suit or (2) negotiate a new lease.
This presumes that you have not validly exercised your option to extend.
We are real estate litigators with extensive experience with landlord/tenant issues. Typically, we rep only the landlord, but we do rep tenants from time to time, if the case warrants it.
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