What do you think I should do?

January 9, 2004

OK everybody. Here is the scenario:

We usually get our monthly rent statement hand delivered or slipped through our mail slot around the 20th of the prior month. The rent is due by the 1st of each month and the landlord gives a 5 day grace period. On the 6th day if the rent is not in their hands, there will be a 10% penalty and they will not accept the check. On the 7th day I was hand delivered a 3 day notice to pay the rent with penalty either in a cashier's check, money order or cash. I was totally shocked.

My business partner got the statement and didn't put it in our mail spot. He actually put it in the drawer where we keep some spare change. Since I didn't see the statement and it was around the holidays, I forgot all about it. We actually planned on closing from Christmas Eve through New Years day but we took in a car or two in between those days.

Anyway, January 2nd comes around and I ask my partner where is the statement. He pulled it out and I wrote out a check that day and told him to send it out asap. He stuck it in the mail on Saturday the 3rd, maybe after the last pickup. I don't know. Anyway, this was all an honest mistake.

I wrote the landlord a letter telling them about how sorry I was and to please give me a warning this time. It would never happen again. I also mentioned that we have been excellent tenants and have done some improvements to the shop.

To make a long story shorter, they declined my request for a warning and stuck by their strict rules and fined us the 10%. They told us that we are not allowed to do any improvements to the leased space without written authorization. We are not even suppose to put holes in the walls to hang pictures or even install an alarm system into the wall. Well, I have totally remodeled the bathroom, painted the walls, hung up display walls, painted the garage floor, etc. Now they told me that they are going to send somebody to view our improvements. I hope they don't evict us from our new location in Fremont. I can't believe people can be so strict and firm. We complained about a leaky toilet and they never fixed it. They told us that when we moved in, we had 10 days to let them know. After that, it is our responsibility. We aren't even suppose to wash cars at this location.

How here is the thing. We can only sign a 1 year lease and then we can redo another 1 year lease or go to a month to month. This commercial complex is like a ghost town so I really don't know why they are trying to scare away all the potential business people. With landlords like this, I don't know if I even want to renew my lease.

I am not a person who likes to fail in whatever I do but this is a whole different matter. This location is perfect, or almost perfect. Only 1/4 mile from one of the main Auto Malls and about another mile there is another Auto Row. There are other warehouses in the area that I can probably lease but moving is a pain in the rear.

What would you guys do if you were in my shoes? :lol

Devil with bad attitude · January 9, 2004

Absolutely move without doubt.

The landlord is a prick big time and I wouldn't p1ss om him even if he was on fire.

Better still Lite, I'd make it a goal to buy your own premise that you and your partner will own and I'd do it NOW!. I dabble in a lot of real estate and it is the only way to go.

Once you find your tint mecca, you will be more motivated to do good, you'll have a tangible investment in the years to come and you won't be paying off someone elses mortgage. I only wish there were more tenants around like you.

And as for the late penalty? :lol That's stiffer than a hard on. Wow is all I can say.

Devil

January 9, 2004

as far as the penalty goes, have the landlord show you the date stamp on the envelope from the post office, if its within the 5 day grace period tell him to 'go get his penalty off the roof' (in other words, go fluck hisself) :lol and then see what devil said :lol

Tinitman · January 9, 2004

Move, Devil is right. The word is prick.

I know it is a pain to move, but with this problem lurking each month, it is not worth it.

I signed a one year lease only one time, never again. I ran into the same problem you did.

I only sign five year leases with option to renew.

January 9, 2004

do the above, check the stamp date!!

HarveyD · January 9, 2004

The lease agreement spells out what is required of all parties so if you're not happy with what was agreed to, don't sign a new lease. Ultimately, for any relationship (business or personal) to be sucessful, it must work for everybody or it won't work at all.

January 10, 2004

I would move. and look into buying your own place. sometimes it can be cheaper and you OWN IT. I rented a place here for 1 year before I built my own. now I own my own place and the 15 year note was a tad cheaper than what I was paying in rent. AND I OWN IT. if possible, build your own place. that way you can build it exactly like you want it. and buiding your own is always cheaper than buying one already built.

January 10, 2004

I wish land in California is cheaper but the Bay Area is still on fire. It is all about location and most of the good areas are all taken. You don't want to even know how much some of these commercial complexes, let alone houses cost around here.

I do agree with those of you who own their own building and land. I am all for that but the only way I can probably pull this out is have a place big enough to sub-divide and lease out. This way hopefully I can cover the mortgage and even make a little to cover my own expenses. Wouldn't that be great!

Thanks everyone for hearing me vent. Things like this is what gets me all bent out of shape. Customer's I can deal with, landlords maybe not.

January 10, 2004

I agree litespeeds, part of 'self employment' is not being under anyone's thumb, and sometimes it still sucks to be under the landlord's thumb :booga hope you can get stuff straightened out and get yo own shizzle :evileye

pierce8468 · January 12, 2004

you definatley need to move. for one you dont want to run a business. out of a shop with a prick landlord. and only have a one year lease. he can easily kick you out at the end of that year. and then you have to start all over again. I understand your problem with buying. but see if you can find a shop with at least a five year lease. it is alot easier to brake a lease. if you are able to buy a shop down the line. if you just tell the landlord. you are not doing to well. and dont think you will be able to continue paying the rent. im sure he will let you out of the lease. why would he want a guy in there. who may not be able to pay the rent.