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Alleged Unlawful Eviction and Contract Breach in a Commercial Rental Scenario Unlawful Eviction

Discussion in 'Commercial Landlord & Tenant Issues' started by RayRay123, Jun 14, 2023.

  1. RayRay123

    RayRay123 Law Topic Starter New Member

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    Hello, esteemed members of the legal community,

    I am writing to request your insights and guidance concerning a complex situation involving a commercial rental unit that we have been leasing. Our arrangement is through a landlord, who in turn is leasing the premises from a college. The maintenance for the unit is carried out by the college's maintenance team. Throughout the course of our lease, we have encountered a series of issues with both the college and the landlord, which we believe may have legal implications.

    With the College:

    1. Allegations of Defamation and Harassment: We have been accused of engaging in Bitcoin mining activities (Bitcoin mining was not allowed on the premises), creating fire hazards, and contributing to noise disturbances. These accusations have been levied without any substantiated evidence or official documentation. All of this was relayed to the landlord.

    2. Potential Discrimination: It has come to our attention that we may be subject to discriminatory treatment. We are of Asian descent and have observed that our tenancy is uniquely burdened with issues compared to others.

    3. Invasion of Privacy: There have been instances of unauthorized entry into our rented unit without prior notification or consent. We have a camera in the room for evidence.
    With the Landlord:

    1. Misrepresentation and Coercion: The landlord employed scare tactics, echoing the allegations of bitcoin mining (Bitcoin mining was not allowed on the premises), fire hazards, and noise disturbances without proper inspection or documentation, as a basis for not renewing our lease. Although an official assessment has now been scheduled, we were prematurely informed that we had committed infractions. We have email evidence of this.

    2. Potential Discrimination: Similar to our experience with the college, we believe that we might be facing discriminatory treatment due to our ethnicity.

    3. Breach of Agreement: Prior to moving in, we made a $4,000 investment towards upgrading the building based on the assurance (via email) that we would be provided with a 1-year lease. However, we were never granted this and have been maintained on a month-to-month lease instead.

    4. Invasion of Privacy: Similar to the college, there have been instances of the landlord entering our unit without any prior notice.
    Given the gravity of these allegations and potential violations, we are eager to better understand the legal framework that surrounds this case. Any guidance or information on the potential steps that can be taken to address this situation would be immensely appreciated.
  2. justblue

    justblue Well-Known Member

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    You should consult with an attorney.
  3. zddoodah

    zddoodah Well-Known Member

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    Just FYI, complex situations are not well-suited for online message boards.

    So...you're a subtenant. What sort of business? I assume you have a written sublease with the landlord. Do you have a copy of the landlord's lease with the college? Is there any documentation by which the college has approved of your sublease? By the way, throughout your post, you used the pronouns "we" and "us." To whom are you referring? Are you personally the subtenant? Or is there a business entity that is the subtenant? If the latter, are you an owner of the business entity (e.g., shareholder of a corporation or member of an LLC)? If not, what is your official capacity?

    Accused by whom? To whom were the accusations made? Please note that, if the accusations have been made only to you, that's not defamation.

    Per your sublease? Per your landlord's lease with the college (if so, were the terms of this lease incorporated into your sublease)?

    TBH, this sounds like nothing more than you assuming that things that are happening to you are happening because of your ethnicity. Do you have any evidence that any treatment is happening because of your ethnicity?

    What does this mean?

    Was this alleged agreement to make an agreement in writing? If not, what evidence of the alleged agreement exists?

    Not sure what this means, but it sounds like the business entity or individuals who are the subtenant(s) should be consulting with a local attorney.

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