Dismiss Notice

Welcome To CK5!

Registering is free and easy! Hope to see you on the forums soon.

Score a FREE t-shirt and membership sticker when you sign up for a Premium Membership and choose the recurring plan.

Any one good with legal stuff.

Discussion in 'The Lounge' started by k5freak44, Sep 29, 2004.

  1. k5freak44

    k5freak44 1/2 ton status

    Joined:
    Jun 1, 2004
    Posts:
    2,164
    Likes Received:
    0
    Location:
    Plano, TX
    Alright heres the problem. Our family opens a buisness and right after we open we get a call from one of the landlords in NY saying our rent will go up 1400 because the figure we had been given and agreed to didnt include the "management fee". This has happend to all of the people in the smame center and the landlord has been know to do this to ppl in other shopping centers in our area. He has been pushing all of his tennants around and they know none of us have the money to fight this injustice in court. I even heard one of our tennents took the landlords to court and it cost them 20,000 and they ran out of money.

    Is there anything that can be done? Anything at all?
     
  2. kennyw

    kennyw N9PHW Premium Member

    Joined:
    Jun 9, 2002
    Posts:
    13,223
    Likes Received:
    94
    Location:
    Stevens Pass Highway, WA
    Dont pay anything that isnt in your contract. He will have to take you to court for an eviction with no grounds to kick you out if you have a valid contract /forums/images/graemlins/thumb.gif
     
  3. k5freak44

    k5freak44 1/2 ton status

    Joined:
    Jun 1, 2004
    Posts:
    2,164
    Likes Received:
    0
    Location:
    Plano, TX
    But this is easyer said then done, If we dont pay what they demand they can just lock us out and then we have to take them to court wich we cannot afford.

    I dont know if there are any lawers here, but this is what my parents seem to believe and its really hurting us financially.
     
  4. mudjunkie 82

    mudjunkie 82 1 ton status GMOTM Winner

    Joined:
    Dec 27, 2002
    Posts:
    11,449
    Likes Received:
    0
    Location:
    Cleveland Ohio
    I would consult with an lawyer on this issue. usually if it not written in the lease that you signed they cannot change or amend it after the fact.............
     
  5. justhorsinaround

    justhorsinaround 3/4 ton status

    Joined:
    Sep 16, 2003
    Posts:
    6,798
    Likes Received:
    0
    Location:
    Northerish Phoenix, Az
    I just hate this sorta bullSH!T. I'm really sorry to hear of your predicament. I have no advice to offer you but I do hope that someone on here can give you assistance.

    My only other thought would be to shoot the landlord in the kneecaps. Twice just to make sure. /forums/images/graemlins/angryfire.gif
     
  6. newyorkin

    newyorkin 1 ton status

    Joined:
    May 8, 2001
    Posts:
    16,555
    Likes Received:
    157
    Location:
    Los Estados Unitos
    You should read up on the law yourself.

    Lawyers.com landlord/tenant page

    Texas Attorney General

    From Attorney General of Texas "Tenants Rights" publication:
    "If you would like to learn more about tenants’ rights, the Public Information Department of the State Bar of Texas publishes a pamphlet containing a more detailed description of Texas law and tenants’ rights. You can contact the State Bar of Texas at 1-800-204-2222, ext. 2610 (in Austin, call 463-1463, ext. 2610). In addition, some of the larger cities in Texas have tenants’ councils that can answer questions and help resolve disputes."

    I used the search feature on the attorney general's web site.

    There are a lot of law resources on the web, and quite a few probably local to you. Do the leg work and go to a (reputable) attorney's office, see what they'll charge for a consultation, and if you can afford it, do it.

    A "Management fee" may be a management fee for the very purpose of skirting the law. Somewhere inyour lease there may be a little tiny clause that says something like "From time to time, the renter will assess a fee for management of the property. This fee will be in addition to the regular monthly rent.


    [ QUOTE ]
    ...saying our rent will go up 1400 because the figure we had been given and agreed to didnt include the "management fee".

    [/ QUOTE ]

    If he, the landlord or his representative, said this and that isn't your paraphrasing, I don't see what leg they have to stand on. The key words, "the figure we had been given and agreed to" reflect that you did not agree to said fee before entering the lease agreement.

    Read your lease very very carefully and make SURE there are no gray areas you overlooked before signing that could hide this fee. Even the words "a small management fee" can mean big trouble for you if it's not defined. These people may manage hundreds of thousands of dollars a month, they could say $1400 is a small fee. New York commercial rents are 5 digits sometimes, $1400 could be called a small fee by those kinds of management companies.

    It also sounds like he may very well be doing something illegal, but doesn't think anyone will say anything. You'd be surprised how many illegal things people try to do on paper...

    Good luck, I hope you get justice.
     
  7. k5freak44

    k5freak44 1/2 ton status

    Joined:
    Jun 1, 2004
    Posts:
    2,164
    Likes Received:
    0
    Location:
    Plano, TX
    yea it is really frustrating too, because the landlords are actually just a group of ppl backed by a big company and our center is merely an investment, so they could care less if they screw us around. they know that none of the tennants pose a threat to them in court so some of the buisness owners phone conversations with them end in, "idont care its not my problem."


    any one else have ideas?
     
  8. SHAWNSTER

    SHAWNSTER 1/2 ton status

    Joined:
    Sep 24, 2002
    Posts:
    211
    Likes Received:
    0
    Location:
    DALLAS,TX
    try calling your local tv station and have them do an investigation into the management or company-i know here in dallas, these tv stations jump at the chance to screw someone over-i have even used them before against a company that my wife used to work for when they ripped her off for over $1k for a training seminar that she was told she would be reimbursed for-good luck
     
  9. MudFrog

    MudFrog 1/2 ton status

    Joined:
    Feb 23, 2000
    Posts:
    3,236
    Likes Received:
    0
    Location:
    Daleville, Va
    [ QUOTE ]
    try calling your local tv station and have them do an investigation into the management or company-i know here in dallas, these tv stations jump at the chance to screw someone over-i have even used them before against a company that my wife used to work for when they ripped her off for over $1k for a training seminar that she was told she would be reimbursed for-good luck

    [/ QUOTE ]

    This is what I was thinking, our local tv station has a section of time devoted to just helping people and they put it in the news, usually settles things quick. I've seen people who get screwed by landlords, insurance companies, mortgage companies, etc.. but they end up getting it worked out because those companies do not want the bad publicity on the news.
     
  10. skratch

    skratch 1/2 ton status

    Joined:
    Oct 28, 2003
    Posts:
    1,646
    Likes Received:
    0
    Location:
    Gorveport, OH
    Make sure your in the right with an attorney coonsult before you go to a TV station.
    It can backfire if you're not right.

    If you are in the right though, the TV can save you money from having to fight in court.
    We've (my old towing co.) used investigative reporting through local TV stations before against the State and the City to get stuff accomplished that would have taken forever had it had to go to court or not been dealt with in this manner.

    But like the others said, read the lease very carefully and have an attorney explain anything you don't fully understand.

    I had my second lease on our apartment rewritten because some of the stuff they put in it was illegal, and a couple other areas just to cover my own butt.
     

Share This Page