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  • #991479
    linzi13
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    Hello everyone,
    I was hoping I could pop into here to seek some advice from soloists more experienced than I am.
    I signed a 1 year commercial lease almost 12 months ago. It’s a shopfront that I use as an office to work and meet clients. It’s a small but great space and I’ve taken care of it like it’s my own. Unfortunately as my business expands I have outgrown it and since the start of the year I have been looking for another space. I was unsuccessful until late last week when I expressed my interest toward another premises that I felt would suit me my goals for growth for the next two years at least. Unfortunately there’s only two weeks left to my lease when I gave a letter to my landlord. He was angry. I couldn’t get one more word in before he rushed me out of his office. I wasn’t able to even tell him that I understand my obligations with the 1 month’s notice and would be willing to pay for the month from the date of the letter. He now refuses to respond to text or be contacted. I have paid two months’ bond that is held with him. I fear that he will try to keep all of it by telling me the office needs to ‘be returned to its original condition’. As I said, I’ve loved this space. I used professionals to fit out some beautiful blinds that I will leave for him. Great quality. Where there was a sink/kitchenette area with a small section of tiles, I extended the tile area – again, very tastefully done by professionals. I also have downlights fitted with a dimmer. I feel these are all improvements and enhancements to the place. Anything I did to the office was a direct reflection on my business image, so it was important that everything looked great. Carpets and walls are perfect and I will steam clean the flooring and provide a report. No, there’s no written letter requesting permission that these works can be done, but the landlord has come into the office countless times for casual chats, he has seen it all and he knows I’m a good tenant who’s taken care of his place. My fear is that it is still in his right to demand that the office be returned to “original condition”, that he can say he hates the blinds and would have to get them removed (even if he doesn’t), and that he needs to strip the tiles to put carpet back on. All of this he will justify as being worth two months of my bond. Can anyone please advise what rights I have? “Improvements” are subjective. What’s reasonable? Where can I go to seek for help that won’t cost the earth? Should I write to the Bond Authority, if so, how? Lastly, as part of the ‘landlord’s disclosure statement’, I am entitled to one tenant’s carpark space as part of the lease. It was in a auto-roller door garage that NEVER worked from the day I started my lease. I have never gotten use from it, it was never fixed, and I always parked on the street. Is that something I can counterclaim against him if ever it gets to that? Any help and advice would be much appreciated. Thank you.

    #1181684
    bb1
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    First I think you need to find out what his position will be, serve out your one month notice even if you vacate, but pay for the dureation. He may not have a concern and let you have the bond back and all your worry is over nothing, if he does make a fuss than its time to look at what he wants. Dont panic till you know you need to.

    As for the roller door, have you let him know of the issues, no good now that you are moving out trying to make it a bargaining chip, if you never advised him of a problem.

    #1181685
    linzi13
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    bb1, post: 211961 wrote:
    First I think you need to find out what his position will be, serve out your one month notice even if you vacate, but pay for the dureation. He may not have a concern and let you have the bond back and all your worry is over nothing, if he does make a fuss than its time to look at what he wants. Dont panic till you know you need to.

    As for the roller door, have you let him know of the issues, no good now that you are moving out trying to make it a bargaining chip, if you never advised him of a problem.

    Thanks for your comment bb1. I’m really hoping it’s nothing but he’s not been pleasant to deal with. :( I have an email written to the agent (whom the landlord terminated a few weeks ago) two months after signing lease that says “I’ve brought your attention to the issue with the garage door many times and it’s disruptive to my client meetings when I have to move my car all the time, etc.” Does that count for anything?

    #1181686
    bb1
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    linzi13, post: 211962 wrote:
    Thanks for your comment bb1. I’m really hoping it’s nothing but he’s not been pleasant to deal with. :( I have an email written to the agent (whom the landlord terminated a few weeks ago) two months after signing lease that says “I’ve brought your attention to the issue with the garage door many times and it’s disruptive to my client meetings when I have to move my car all the time, etc.” Does that count for anything?

    Ah but did the agent ever follow it through, If it was 2 months after you signed the lease, does that mean you have not followed it up for the other 10 months. When you have an issue with a lease you need to be persistent and be on the agent / landlord constantly to the point of serving a formal notice to them, not just be happy that you saw an email therefore it must be ok. Dont know the finer legal side of it but unless all the formal stuff was followed through you may have very little recourse.

    #1181687
    linzi13
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    bb1, post: 211964 wrote:
    Ah but did the agent ever follow it through, If it was 2 months after you signed the lease, does that mean you have not followed it up for the other 10 months. When you have an issue with a lease you need to be persistent and be on the agent / landlord constantly to the point of serving a formal notice to them, not just be happy that you saw an email therefore it must be ok. Dont know the finer legal side of it but unless all the formal stuff was followed through you may have very little recourse.

    Sadly in good times, everything is always ‘greyer’ until it all goes pear shaped and needs to be in ‘black and white’

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