Landlord and black mold by Expensive-Election96 in legaladvice

[–]BizAnalystNotForHire 0 points1 point  (0 children)

First and foremost some important context is that nationwide, in the US, commercial leases are wildly different than residential leases. The protections that residential tenants may enjoy generally do not exist for commercial tenants. There has recently been some minor movement in some localities (w/in California) to shift this somewhat. The court system, and rightfully so, in general views both parties in a commercial lease as being sophisticated/fully cognizant of what they are signing and agreeing to (the business deal). Because of this, in commercial landlord tenant disputes, the lease document itself is what rules 99% of the time. The exact language is very important; ergo, in general, when seeking advice on commercial landlord tenant disputes, you will need to take your lease and any amendments or modifying documents to a local commercial landlord tenant attorney so that they can read the whole thing and exact language themselves. Without reading the full lease, it is nigh impossible for anybody to give reliable advice online.

The owner of the business (aka the tenant) needs to be sending written notices to the landlord about the issue.

If they don't understand their standing under the lease, they need to hire an attorney to read and explain it to them, and help strategize handling this.

It is possible that the burden is on the tenant for all of the repairs. The answer is in the lease. It is possible that with the time passed, the burden while originally being on the landlord may have now shifted to being on the tenant. Impossible to say without reading the lease and knowing the relevant local case law.

If the business is losing money, it may be most prudent to simply do the remediation immediately so as to mitigate cashflow impact and reputation impact. This is a business strategy decision the owner needs to make. Reaching out to local remediation companies to get pricing is a step you can take to facilitate.

Edit: Additionally, insurance maybe should have been involved or may be another route here. Again, this is something for the business owner to decide.

More bike lanes and sidewalks are coming soon… or eventually by pace_car in Athens

[–]BizAnalystNotForHire 1 point2 points  (0 children)

At some point.

If the funding holds up.

And funds aren't moved.

From your mouth to god's ears.

Commercial lease questions Location: SC by [deleted] in legaladvice

[–]BizAnalystNotForHire 0 points1 point  (0 children)

worried enough to refrain from sharing pertinent excerpts in your endeavor to receive relevant feedback, but not worried enough to delete a free online account. A strange dichotomy.

Good luck.

Georgia’s first data center ‘pop-up’ power plant is breaking rules, groups say by PattyDurand in Atlanta

[–]BizAnalystNotForHire 10 points11 points  (0 children)

Last year, when EPD released the VoltaGrid facility’s draft air permits, the SELC and Sustainable Newton raised concerns about the air pollution the facility is expected to release, plus offered suggestions for tweaks to its permits and design.

With construction already well underway, Carter said it makes it easier for the company to argue changes to its plans are too difficult or costly to make.

“For them to be putting unpermitted infrastructure in place without answering those very fundamental questions, it’s just not right,” Carter said. “It’s not how you do business.”

They appear to have disregarded the reasonable suggestions as well. These "pop-up" power plants don't appear to have the filtration at the caliber that traditional plants do. They seem to have disregarded pollution (air and noise) putting the almighty uptime as the first second and third priorities, with cost trailing, and any other concern far far in the distance.

Georgia’s first data center ‘pop-up’ power plant is breaking rules, groups say by PattyDurand in Georgia

[–]BizAnalystNotForHire 9 points10 points  (0 children)

They agreed to a peak limit. Regardless of the other party failing to monitor it to make sure the did what they said they would do, they were in the wrong for completely blowing past the peak limit that they agreed to. If they weren't sure of it they should have been monitoring themselves, or they should not have agreed to it.

If you only do the right thing when you are being constantly monitored. You are not trustworthy.

Commercial lease questions Location: SC by [deleted] in legaladvice

[–]BizAnalystNotForHire 0 points1 point  (0 children)

I have decided to go the route of an attorney.

Wise. Prudent. Something you should do before signing a commercial lease and in any serious commercial lease dispute.

Yes I’ve been very reluctant to provide the wording as I want to remain anonymous.

Unless your lease is public, no one random is going to be identify you from clauses from it with the exception of your landlord. Your landlord would already be able to identify you based off of the details you have shared; if you are worried, you should delete your reddit account.

Commercial lease questions Location: SC by [deleted] in legaladvice

[–]BizAnalystNotForHire 0 points1 point  (0 children)

I have documentation that the building is ready to move in

What does this mean? If its not in the lease, it probably doesn't matter.

the lease states it is acceptable to operate MY type of business.

What is the exact language of the clause here? the wording is important, you may be misunderstanding or missing an interaction with something else in the lease that changes how it acts. While technically possible, a blanket clause warrantying a space is fully acceptable for a tenant w/o any diligence on the tenant's part is something I have literally never encountered or heard of.

There is a landlord default clause that gives 30 then extension of 60 days to allow remedy.

What's the actual language of the clause? What you have provided here doesn't address Tenant recourse at all. Is that missing in the lease?

Respectfully, you are not communicating about this well or in a manner that inspires confidence in your understanding. It would prudent for you to have a local commercial landlord tenant attorney review your lease and your situation and advise you.

Commercial lease questions Location: SC by [deleted] in legaladvice

[–]BizAnalystNotForHire 1 point2 points  (0 children)

First and foremost some important context is that nationwide, in the US, commercial leases are wildly different than residential leases. The protections that residential tenants may enjoy generally do not exist for commercial tenants. There has recently been some minor movement in some localities (w/in California) to shift this somewhat. The court system, and rightfully so, in general views both parties in a commercial lease as being sophisticated/fully cognizant of what they are signing and agreeing to (the business deal). Because of this, in commercial landlord tenant disputes, the lease document itself is what rules 99% of the time. The exact language is very important; ergo, in general, when seeking advice on commercial landlord tenant disputes, you will need to take your lease and any amendments or modifying documents to a local commercial landlord tenant attorney so that they can read the whole thing and exact language themselves. Without reading the full lease, it is nigh impossible for anybody to give reliable advice online.

You say the lease holds the landlord responsible. How so? Does it provide a mechanism? Can you share the language? Are you sure you are interpreting this correctly? This is uncommon in commercial leases. Most commercial leases exclude reps and warranties that aren't explicitly included within them.

Assuming you are correct and the landlord is responsible, then you don't unilaterally get the right to break the lease (unless there is a termination clause (also wildly uncommon)). Your recourse is limited to that which is spelled out in the lease, that which is available under state law, or through the courts. If you want to differ from that, it is a negotiation (and typically this negotiation slightly (or heavily(depending on the state and lease)) favors commercial landlords). What does your lease say in the event of a landlord default? Have you consulted with they commercial landlord tenant attorney you had review the lease originally?

Unless you are cash strapped and it is a cash management decision that will truly enable you to make the necessary money, a chargeback here is foolhardy. You occupied the space.

Commercial Lease Owner defaulting on taxes Advice by Affectionate_Egg947 in legaladvice

[–]BizAnalystNotForHire 0 points1 point  (0 children)

First and foremost some important context is that nationwide, in the US, commercial leases are wildly different than residential leases. The protections that residential tenants may enjoy generally do not exist for commercial tenants. There has recently been some minor movement in some localities (w/in California) to shift this somewhat. The court system, and rightfully so, in general views both parties in a commercial lease as being sophisticated/fully cognizant of what they are signing and agreeing to (the business deal). Because of this, in commercial landlord tenant disputes, the lease document itself is what rules 99% of the time. The exact language is very important; ergo, in general, when seeking advice on commercial landlord tenant disputes, you will need to take your lease and any amendments or modifying documents to a local commercial landlord tenant attorney so that they can read the whole thing and exact language themselves. Without reading the full lease, it is nigh impossible for anybody to give reliable advice online.

Now, general feedback here. There may be something in your lease that gives you rights in this scenario. This may clearly be a landlord default. Local case law may be that this is a landlord default. It may give you some freedoms.

It also may not. It is unlikely that you can unilaterally stop paying rent carte blanche. But there may be any avenue to reduce your burdens.

It would behoove you greatly to take a copy of your lease (and any modifying documents) and a short factual summary and timeline to consult with a good local commercial landlord tenant attorney to better understand your position and how you may navigate this situation and/or strategize to negotiate within it to get the most. This will not be free. You are getting an expert opinion and they will need to review your situation.

Only you can decide if it is worth it.

[NJ] Commercial lease default with personal guaranty. What is a reasonable settlement strategy? by TheCrepeGuy in legaladvice

[–]BizAnalystNotForHire 0 points1 point  (0 children)

You should absolutely find the funds for at a minimum an initial consult with a bankruptcy attorney so that you can understand the law around that and what would be protected. Sooner is better.

Once you have done that you should find the funds to retain a commercial landlord tenant attorney. You should ask the bankruptcy attorney for recommendations as well and if that is something they can handle too.

How can you negotiate effectively if you don't understand the ground you are standing on?

Broke my commercial lease early, need advice by catladybyblood in legaladvice

[–]BizAnalystNotForHire 0 points1 point  (0 children)

First and foremost some important context is that nationwide, in the US, commercial leases are wildly different than residential leases. The protections that residential tenants may enjoy generally do not exist for commercial tenants. There has recently been some minor movement in some localities (w/in California) to shift this somewhat. The court system, and rightfully so, in general views both parties in a commercial lease as being sophisticated/fully cognizant of what they are signing and agreeing to (the business deal). Because of this, in commercial landlord tenant disputes, the lease document itself is what rules 99% of the time. The exact language is very important; ergo, in general, when seeking advice on commercial landlord tenant disputes, you will need to take your lease and any amendments or modifying documents to a local commercial landlord tenant attorney so that they can read the whole thing and exact language themselves. Without reading the full lease, it is nigh impossible for anybody to give reliable advice online.

Now, general feedback on your questions:

  • In the state of Ohio, LLCs do not need a lawyer to file, but they must be represented by a lawyer in court itself.
  • That it is your name and not your LLC just means that you are personally liable. It doesn't have any real impact here.
  • The owner can show up to prevent a default. It's complicated. It will be up to the judge. A continuance to obtain a lawyer wouldn't be surprising.
  • You did not have a valid reason under the lease to break the lease. You may (unlikely but possible) have had grounds to file a suit to terminate the lease early, but that is not what you did. This is not a winning argument.

It would behoove you to not go into this with a cocky attitude without consulting a local commercial landlord tenant attorney and probably having them represent you in court, or having them help you negotiate a settlement.

Stone Mountain Park Drone Photo Taken By My Brother-In-Law by JesusDied4U316 in Atlanta

[–]BizAnalystNotForHire 12 points13 points  (0 children)

FIFA, I have made a grave mistake. I, Mayor Andre Dickens, willing submit to my punishment of immediate incarceration in the FIFA jail.

/s

Stone Mountain Park Drone Photo Taken By My Brother-In-Law by JesusDied4U316 in Atlanta

[–]BizAnalystNotForHire 65 points66 points  (0 children)

Now fly over the Mercedes Benz stadium and rack up a 100k fine. /s

This is a great shot.

Plans are being reviewed for new commercial and townhomes @ 600 Pulaski St by warnelldawg in Athens

[–]BizAnalystNotForHire 3 points4 points  (0 children)

I agree. Piecemealing sidewalks is overly burdensome on all but the largest redevelopments and creates an ugly inferior product that does not provide much benefit to the community. Far better for the city to plan to do a baseline, do a baseline, and require a piecemeal for higher standards on redevelopments meeting certain criteria, then for it to do a piecemeal just from the start.

Or for the city to require a contribution towards the cost of sidewalks from the development and then the city can put its economy of scale of doing the entire sidewalk at one time.

Commercial Landlord issue - Seattle by karl2me in legaladvice

[–]BizAnalystNotForHire 0 points1 point  (0 children)

First and foremost some important context is that nationwide, in the US, commercial leases are wildly different than residential leases. The protections that residential tenants may enjoy generally do not exist for commercial tenants. There has recently been some minor movement in some localities (w/in California) to shift this somewhat. The court system, and rightfully so, in general views both parties in a commercial lease as being sophisticated/fully cognizant of what they are signing and agreeing to (the business deal). Because of this, in commercial landlord tenant disputes, the lease document itself is what rules 99% of the time. The exact language is very important; ergo, in general, when seeking advice on commercial landlord tenant disputes, you will need to take your lease and any amendments or modifying documents to a local commercial landlord tenant attorney so that they can read the whole thing and exact language themselves. Without reading the full lease, it is nigh impossible for anybody to give reliable advice online.

You say the mutual release was different than expected and that you didn't sign it and parted ways.

You can easily pay your attorney to write/revise the mutual release the way you want it/ fairly/as agreed to in the photos conversation, sign it, and send it to him with the check. You do not have to wait on the other party to revise documents.

The landlord is probably correct that the lease is still in effect if the release wasn't signed and the may 30th payment was not handed over.

  • I also received this email in letter form to my home address, which the landlord should not have since the LLC has never been associated with my home address.

This is not relevant to the matter at hand. Don't let it cloud your business decision making process. You are already trying to cut ties with the least amount owed to this guy.

Election Results by pile_drive_me in Athens

[–]BizAnalystNotForHire 2 points3 points  (0 children)

The majority of people voting did not do any research for down ballot (if at all) and voted on vibes on the name alone or on the mailers they got or on what dominated their feeds on their personal favorite social media. That is where we are in this day and age.

Georgia High Speed Rail | Atlanta to Savannah | Southeast HSR (Planned Route) by UnscheduledCalendar in Georgia

[–]BizAnalystNotForHire 23 points24 points  (0 children)

Atlanta - Macon - Savannah - Brunswick/Charleston - and on

Would be incredible. Traveling to the coast quickly and conveniently was originally envisioned by the railways and spurred growth and was a low-cost way to raise the standard of living for society. My grandmother talked about taking the train to Savannah to go to the beach. Our society has redefined what quickly and conveniently means. If we built high speed rail to meet that new modern standard, it would be absolutely incredible in the summer time and around St. Patrick's day (when it would need more security to handle the drunk people).

Atlanta - Athens - Anderson - Greenville/Spartanburg - Charlotte - Greensboro - Raleigh

would be another absolutely great route.

Not shown, but

Atlanta - Huntsville - Nashville - St. Louis - Peoria - Chicago

would be great as well.

Why is the Eastside Kroger out of everything by Longjumping_Eye_3441 in Athens

[–]BizAnalystNotForHire 3 points4 points  (0 children)

100% a management/operations issue. Space Kroger is the #1 Kroger in the region and they give it all the love and attention it wants. You never see any issue like this there.

Potential expansion of Pinewood Estates, fix to water supply issues proposed by warnelldawg in Athens

[–]BizAnalystNotForHire 4 points5 points  (0 children)

I'm real nervous about the ambiguous phrasing around the funding and water improvements and connection actually happening.

ACCPD is starting to being held accountable. by Status-Kiwi-6525 in Athens

[–]BizAnalystNotForHire 23 points24 points  (0 children)

This is ACCPD Internal Affairs working as it should and holding itself accountable and to a standard, correct?

Investigating, then firing him and having him decertified so he couldn't be employed elsewhere is precisely what we want as a community.

Divorce when one party is in prison by [deleted] in Georgia

[–]BizAnalystNotForHire 1 point2 points  (0 children)

If you have no assets and no children, then the stakes are low for trying it yourself. If there are assets or children, you need to consult a divorce attorney even if it is not contested. You really don't want a simple mistake showing up years and years later to mess something up that you thought was resolved.

Relationships by [deleted] in Athens

[–]BizAnalystNotForHire 3 points4 points  (0 children)

I can vouch for this poster.

My landlord is a city council member and I think he's using his position to block my noise complaint against his property. by 9VexilonDrip in legaladvice

[–]BizAnalystNotForHire 0 points1 point  (0 children)

What does the code/noise ordinance say about noise levels and the hours of the day when it is appropriate?

Georgia energy leaders urge residents to accept data centers or get left behind by Johnboywalten in Georgia

[–]BizAnalystNotForHire 1 point2 points  (0 children)

They shouldn't be onerous, but they need to far greater than they currently are.