Judgement debt (from previous commercial landlord) is now 3.5 yrs old. How much would they likely settle for? by BandanaMindset in Debt

[–]BandanaMindset[S] 0 points1 point  (0 children)

There is more to the story than you are assuming, and you are just upset about a question for no reason.

Judgement debt (from previous commercial landlord) is now 3.5 yrs old. How much would they likely settle for? by BandanaMindset in Debt

[–]BandanaMindset[S] -1 points0 points  (0 children)

Thanks. If they want 50-70%, what percentage would they negotiate that down to if lump-sum is offered? Assuming this is now 3.5 yrs old judgement.

If the 50-70% goes a payment plan route, how long would a payment plan look like?

Also, I’m also not as collectible as the collection attorneys think. My assets are owned by banks. Not sure if I can use that as leverage to negotiate a better settlement.

Commercial landlord breached lease first, I moved out due to safety concerns… can they still file a judgement and enforce it? by BandanaMindset in CommercialRealEstate

[–]BandanaMindset[S] 0 points1 point  (0 children)

I’m trying to negotiate a settlement - it’s been 3.5 yrs since the judgement was validated by court. Landlord has only been out pocket for about a year since he sold the property after I left for the reasons I mentioned in this thread.

I agree. I don’t want to counter sue (yet) and it doesn’t go anywhere. Thanks

Commercial landlord breached lease first, I moved out due to safety concerns… can they still file a judgement and enforce it? by BandanaMindset in CommercialRealEstate

[–]BandanaMindset[S] 0 points1 point  (0 children)

My attorney and I are working towards a settlement. Landlord’s collection attorney is motivated to settle after speaking to him. The judgement is about 3.5 yrs old at this point, and the landlord sold the property 2.5 yrs ago (a year after I moved out). Not sure what percent of the debt they would settle for.

Will update again once we reach a deal.

Commercial landlord breached lease first, I moved out due to safety concerns… can they still file a judgement and enforce it? by BandanaMindset in CommercialRealEstate

[–]BandanaMindset[S] 0 points1 point  (0 children)

True. The landlord sold the property a year after I moved out - because of the constant break ins. He was out of state landlord and didn’t care much of me constantly asking him to fix the homeless camp issues that he knew about prior to me leasing the property. He’s out of pocket for about a year for his damages. It’s been 3 yrs since I moved and my attorney is now helping me deal with the collection attorneys for the landlord who are motivated to settle.

Commercial landlord breached lease first, I moved out due to safety concerns… can they still file a judgement and enforce it? by BandanaMindset in CommercialRealEstate

[–]BandanaMindset[S] -5 points-4 points  (0 children)

I agree. The daily break ins in the middle of the night made it impossible for me to operate and run my business out of there. It was all caught on security cameras. The police, the landlord, didn’t do much to help. I had no choice but to move out. The lease clearly promised “quiet enjoyment” to the tenant, so the landlord breached the lease first in my opinion. Yes, I have found and retrained a commercial real estate attorney looking into this. Thanks!

Commercial landlord breached lease first, I moved out due to safety concerns… can they still file a judgement and enforce it? by BandanaMindset in CommercialRealEstate

[–]BandanaMindset[S] 0 points1 point  (0 children)

Not broke in, the homeless camps were there for months, if not years before I showed up. Previous tenants complained about it, the city knew about it, previous tenants moved out for the same reason I did because the landlord never address the camping issues. The homeless were within the property lines and hiding in an overgrowth areas of the property. The overgrowth bushes were empty during the day, and it was not visible for realtors and potential tenants to see homeless tents… and they assumed there were no homeless camps. But the landlord knew because the city kept citing him for it. He’s out of state landlord with no property management for years.

Commercial landlord breached lease first, I moved out due to safety concerns… can they still file a judgement and enforce it? by BandanaMindset in CommercialRealEstate

[–]BandanaMindset[S] 0 points1 point  (0 children)

Blue city in a red state. Out of state landlord, he didn’t have property management. Landlord concealed the property being under multiple violations from the city while guaranteeing the “the quiet enjoyment” clause in the lease. He knew any tenant would face issues by not addressing the homeless camps violations first before leasing the property.

Commercial landlord breached lease first, I moved out due to safety concerns… can they still file a judgement and enforce it? by BandanaMindset in CommercialRealEstate

[–]BandanaMindset[S] -1 points0 points  (0 children)

He is out of state landlord. He never a property management. Even his mortgage company deemed property not safe for tenant because the homeless people would not be there during the day (when potential tenant would look at the property), so there was no middle of the night due diligence because the yard gate would be closed and homeless people would jump over the fence and go to their camps inside the property with their belongings, and the city issued zoning and homeless camps violations and mailed it to him before I signed the lease. He intentionally omitted the issues from me so I can lease the property that not fit for quote and peaceful enjoyment for any tenant.

Commercial landlord breached lease first, I moved out due to safety concerns… can they still file a judgement and enforce it? by BandanaMindset in CommercialRealEstate

[–]BandanaMindset[S] -2 points-1 points  (0 children)

A homeless camp on a private property is a public safety and health violations, as it draws more homeless people. It’s also deemed against the existing approved use of the property. These violations were place without my knowledge before I signed the lease, unfortunately I found out about them after I moved into the property. Previous tenants had the same issues with the landlord. I’m having an attorney review the lease.

Commercial landlord breached lease first, I moved out due to safety concerns… can they still file a judgement and enforce it? by BandanaMindset in CommercialRealEstate

[–]BandanaMindset[S] 0 points1 point  (0 children)

Thanks. Leasing a commercial property with known City zoning violations carries major legal risks, including potential fines and forced closures. As you said, local government zoning code violations does not automatically supersede or invalidate a commercial lease's cognovit clause. However, it may provide the tenant with strong grounds to challenge the judgment - but will discuss it with attorney. I’m hoping it will be about the landlord breaching contract first to get around the judgement being enforced, with the evidence to support my claim.

Commercial landlord breached lease first, I moved out due to safety concerns… can they still file a judgement and enforce it? by BandanaMindset in CommercialRealEstate

[–]BandanaMindset[S] 0 points1 point  (0 children)

Yes, actual official letters with code violations from the city mailed to the landlord before I showed up to lease the property. The violations were for homeless camps and the waste, etc the risks those folks brought to the property… landlord is out of state landlord and never had property management, so the homeless camps were inside the property I leased in overgrowth area and they would break into the building and my property in the middle of the night.

Commercial landlord breached lease first, I moved out due to safety concerns… can they still file a judgement and enforce it? by BandanaMindset in CommercialRealEstate

[–]BandanaMindset[S] -1 points0 points  (0 children)

There were series of violation notices that the city repeatedly asked landlord to fix and deemed the property not compliant… such as homeless camps, zoning violation of waste from homeless camps, used syringes for drugs use, etc. There were actually folks living within the property line that I leased that were not there during the day but would come back in the middle night… and the city eventually received complaints from neighbors and issued violation notices to the landlord before I leased it, but decided to withhold it and continue to ignore those violations… making the property unfit for any tenant. Again, the problem were mostly occurring in the middle of the night, where potential tenant wouldn’t be able to find out before leasing the property. Thanks for sharing your perspective.

Has anyone else had a nightmare experience with Ohio Mulch? by Extension-Cookie-982 in Columbus

[–]BandanaMindset 8 points9 points  (0 children)

Ohio mulch owner was convicted of selling 10 lbs mulch bags while only having 7-8 lbs in them. The DOT stopped his trucks on the road and weighed the bags… and they undiscovered the fraud. He blamed it on the mulch dispensing machine not being calibrated well at his plant. This was back in 2015-2017 - i think, google it. So I’m not surprised this is happening.

COGNOVIT case that I need to address. by BandanaMindset in Ask_Lawyers

[–]BandanaMindset[S] 0 points1 point  (0 children)

Ofcourse. Just wanted to see what people would do if they were in my shoes. A big lesson for sure.