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The Landlord Issue, Where We Are Now

I wanted to keep all of our landlord issues private but due to the severity of his actions I have to make them public.  Then I  wanted to make them public on a separate website as to not disturb my ongoing business.  Those website have been delayed due to circumstances beyond our control(apparently every nutjob in the world wants to start a racist website after Charlottesville so the hosting sights have to approve them one by one) so we’re going to put our posts here.

Instead of telling the drawn out backstory I will address the most pressing issue, our pending eviction.  He’s been trying to evict us for several months.  I now have a summons for a Summary Eviction for later this month.  Here it is:

Things to notice on this form

He is taking me to court for:

  1. Failure to pay TICAM due in the amount specified for April-July 2017.
  2. Failure to pay for a change order in the amount of $2303.73 in a timely manner, which he claims was due on 2/25/16
  3. Attempted to make payments on change order and TICAM in arrears but still owes $112.88
  4. He does not want me to pay for the rest of the rent and TICAM due on the lease, about 3.5 years worth, he just wants possession of my space.

What’s the deal with each?

1. TICAM was $398.02.  I’ve paid rent based on that for over a year, no problems.  The landlord is contractually obligated to provide me with proof that what he says he spends on Taxes, Insurance and Common Area Maintenance is what he actually spends.  He has repeatedly refused to provide that info.  Here’s an email where he says he the real estate agent sent me that info.  He never sent that info, just the dollar amount.

Shortly thereafter his lawyer sent this completely made up TICAM schedule:

They now claim TICAM was more than the $398.02 and I owed them $600.07 in back TICAM form last year.

The next page of that same document is this:

I guess that means I owe $1087.12 back-TICAM instead of $600.07?   Who knows…It looks like he decided to charge me for water even though he neglected to sub-meter my water as he said he would.  He also neglected to sub-meter the gas as he said he would.  Anyway…

The final page of that document says TICAM is now $611.27 per month!  So he originally says the TICAM didn’t change, now he’s gone back and increased it more than once. Hmmmm….

Since then my lawyer asked for proof that these estimates and expenses are justified.  Most of them are inflated and some are just plain made up, like the window washing.  I’m only responsible to pay for window washing at empty units.  There are no empty units!

Here’s an excerpt from an email the landlord’s lawyer sent my lawyer:

Comprehensive Settlement Agreement Offer Summary of all above Terms:

  1. Homecrafted, LLC’s payment of $800 for TICAM underage for 2016, and the new 2017 monthly TICAM rate of $611.27;
  2. Homecrafted, LLC’s agreement to pay the  $2,303.73 for the 200A upgrade;

I wrote this check for $800 to cover #1 even though I knew it to be untrue. 

 

My lawyer suggested that pay the highest amount the had asked for which was $1087.12.  A difference of $287.82.  So I wrote a check for that amount:

I’ve been paying the completely false TICAM amountof $611.27 since then.  Problem solved! Right? On to the next claim…

2.  This one is a little more complicated but still simple enough.  I will elaborate more on this after I handle the eviction concern.  The short explanation is: Before the lease was signed we were told to speak with their contractor Rob and tell him everything we needed in this space.  He would draw up an estimate based on what we discussed and that amount would be rolled into our lease.   Rob and I discussed electric brewing at length and I told him I would need (3) 240V outlets for brewing and (1) 240V outlet for a walk in cooler.  Rob said based on that info I would need a 200A breaker box.

Sometime after we signed the lease they fired Rob or Rob quit, depends on who you ask.  I was never told about him leaving until I asked weeks later why the project was not yet complete.  They blamed the delay on his departure.  Later, the landlord and his cronies tried to install a 100 amp breaker box in this 2600 sq ft commercial space to save themselves money.  Your house more than likely has at least a 200 amp box.  100A is definitely not sufficient for a space this size, regardless of it’s intended use, but especially since we intend to do electric brewing.   They said the space was always designed for a 100A breaker.  If I wanted 200 amps I would have to pay for it, it would be $2303.73.  In order to keep the business going I  had to agree to that even though I knew it wasbased on a lie.   This was one of many times where they put me in a position of take it or leave it.  If I didn’t agree to what they wanted I would have to shut down my business. I did agree to pay for it but I let them know I knew I was done with their lies.  I was able to make copies of the construction plans which showed the original drawing submitted on 9/15/15.  I signed a lease addendum to “upgrade” the breaker box to 200 amps on 1/11/16.  5 months after those plans were submitted!  The first pic shows the 200 Amp capacity:

This pic shows the date the plans were submitted:

Later I asked the landlord for other supporting document for this and other buildout issues.  He declined.  I was tired of being lead along so I so I refused to pay for the soon to be finished breaker box and I offered him a compromise:

He agreed to pay for he box.  Hurray!  My realtor, Baxter, told me over the phone that he would pay for it if Sean did not.  Hurray!  I told him to send that in an email. Here it is:

Problem solved right? Nope!  In an effort to punish me for asking him to adhere to our agreement the landlord demanded I pay him for that breaker box even though he had agreed to pay for it over a year ago to avoid me taking him to court.  Per my lawyer’s suggestion I wrote this check for the full amount of the breaker box “upgrade”:

To summarize: the landlord said he would pay, the realtor said he would pay, I wound up paying…and still got evicted!

A few weeks ago I reached out to Baxter about him making good on his promise to pay and I sent and email to follow up which shows where he agrees to pay.  I have yet to get a response from the email but over the phone he said he only remembers offering to pay the difference of what the upgrade was quoted at originally, $2008.56, a difference of $295.17.  He sent that email on 1/11/16 so I would sign the Addendum to “upgrade.”:

The offer to pay for all of the breaker box upgrade was sent much later on 2/19/16.  Good thing I learned not to trust these peoples’ words.  Sean or Baxter are responsible for the breaker box.  Next issue…

3.  Neither me nor my landlord can figure out where the $112.88 is coming from.  The landlord did not give us a dollar amount for the shortage until we received the eviction notice.  Of course we would have paid that to avoid going to court.  That’s probably why they neglected to mention that.  They want to burn up our cash in court.  Big money bullying little money.  Next issue…

4.  The fact that he just wants to possess this space backs up what his lawyer told my lawyer: he doesn’t want to be a landlord and he needs this space.  Well, we signed a 5 year lease and there is nowhere else for us to go.   Maybe he has another potential tenant willing to pay more.  I’m sure he’ll spin this that he is just letting me of light but that’s BS.  Regardless, who knows what’s true.  He might just be an asshole.

Since I first started talking about this I have been threatened will a libel suit.  I have yet to receive the suit but I expect it to come.  I will post more info as it becomes available.   I will also post the backstory and all of the lies that were told before I even moved in or signed a contract.