Legal Question in Landlord & Tenant Law in Kansas
Hi, I signed a lease on January 16 of 2011 in order to rent a building that is a bar. In the lease it state that the Lesee shall pay rent 200.00 per week commencing januarty 17 and a like sum on each monday thereafter for the term of the lease. Rent shall be paid at 635 border avenue. Late fees will be assessed at $10 per day each and everyday the rent is late. Current rent cannot be accepted until all back rent and late fees are collected. The security deposit of 200 will be collected at the time of lease and will be returned at the end of lease as long as no monies,damages,or any other items are violated in the terms of the lease. Well over the course of 2011 there were a couple times that rent was missed. Then in Dec the landlord let me sign another lease and never mentioned any money owed at the end of the first lease, no late fees or anything. I became pregnant in January after signing the second lease and was super sick for awhile and there were a few more weeks of rent missed. I kept asking him (about 4 times) over the course of the yr how much I owed him to catch up and he would just say I dont know let me check and he never would. I still have all of the texts between us for the last two years. During this past summer the air conditioner had to be fixed 4 times and was never fixed correctly so I was mad and didnt pay rent for three weeks out of the summer because he would not fix it correctly. There was one time that I paid 500 to have it fixed and he said that was too much and he would call someone next time. I am responsible for the first 200 of any repairs according to the lease so he owed me 300 of that 500 amd said he would just put it towards rent. There were alot of broken promises from him also. In the beginning there was to be a dance room built onto the building by may. It never happened then it was to be built on by the next may he promised and it wasnt. Then in Oct 2012 he said he was starting it in two weeks and never did. That was the whole reason we signed a second lease was because it would increase our business and make more money. Now he is saying since we are not signing a new lease is that we owe him 5000 dollars in rent. According to my bank statements we owe him max 1400 unless he is now charging late fees. Can he do that? He has never said anything about my rent being late or late fees and has accepted every rent payment on Fridays. I have also asked many times what I owe and he says I dont know lemme check and never has let me know. My question is are we liable for that 5000?
1 Answer from Attorneys
It appears that you probably owe somewhere in the middle. The signing of the new lease may have zeroed out your account, depending upon the wording of your lease. You should consult directly with an attorney that can have access to your lease and the other communications. The refusal or failure to Fernand the late fees, could work as a waiver of some of them. However, your repeated requests four a balance can work as an admission that you owed more than you had already paid.
Good luck
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