Legal Question in Real Estate Law in New York
Hi, my name is Michael Siu and I am a tenant to a commercial location for computer service and repairs. I have a lawsuit pursued by my landlord's son who claimed to be property manager but has no power of attorney for 1 month rent. I want to know if its possible to counter sue the landlord or their son in the fact that I have been writing check payments to the son when he created the lease and claimed on the day of the lease agreement and signing that his father had just left the state and he signed his name for him. The lease itself was made by him and seems non enforceable in my opinion because of a bunch of typos and the fact that I am the only tenant and he pursues to sue both me and my cousin Matthew Siu.
Under the conditions of the store as agreed verbally and on the lease that all utilities except water will be responsible by the tenant but the heating system, one single radiator they provided is not sufficient enough to run a business.
Their electric is below average and once the electric fuse blows I have no access to the basement to reactivate the electricity which is most valuable to my business.
It seemed that I was taken advantage of and tricked by many false aspects of the commercial location.
I don't see how I am making payments out to someone who claims that he is a representative of the actual landlords and the fact that the store is not in the condition to run an electronic business.
2 Answers from Attorneys
You are asking several different things. I'll answer them in no particular order and also will provide some information that you did not specifically ask for:
1. A power of attorney is not necessary for someone to be the manager of a property. The question is whether he is registered as managing agent. If he is not, or if there is any doubt as to that, you can raise that issue in the court proceeding.
2. You can counterclaim if you wish, but if the issue as to the son acting on his father's behalf has not resulted in any harm to you, then why bother? That is, if the payments to the son have been properly credited, then the way I see it is no harm, no foul. Nonetheless, I suggest that you write all of your monthly rent checks to the landlord and not to anyone else.
3. Typographical errors that do not call into question the meaning of the lease constitutes sloppiness, not unenforceability, notwithstanding your own impressions to the contrary.
4. If your cousin is not listed as a tenant on the lease, then he should not be a defendant or respondent in any court proceeding regarding the lease.
5. If the landlord is required to provide heat, but does not, that would be a viable counterclaim.
6. The electricity issue can also be a possible counterclaim.
7. You say that you are being sued for one month of rent. If you paid that one month, then that should appear in any answer that you file. If you did not pay that month, then you should consider doing so.
8. It sounds like you need to sit down with the landlord and explore whether modifications can be made so that you can get the full value of the premises. Obviously, such discussion should also focus on the issue of who pays for those modifications. It is difficult to say more without seeing the actual lease.
If you need help in negotiating with the landlord, you should consult with an attorney. You may feel free to contact me (or any other attorney of your choice).
Good luck to you.
You need to decide what is your objective? What do you wish to do? Do you wish to leave? Do you wish to leave and not pay rent that is "owed" to date and going forward? Do you wish to stay, enforce the lease, and get a rent concession because the space is not right?
Both Sun Tzu and the United States Military Academy teach us to keep the objective in mind. If you do not identify your objective, you are foredoomed to failure.
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