willamAok
New Member
- Jurisdiction
- Pennsylvania
leasor writes lease. leasee signs commercial lease for retail store property located sidewalk front street view under apartments. Lease does not contain any clause which states do not put items on sidewalk. leasee required commercial application for peco. Leasee is fined by township for putting items on sidwalk. upper darby township says property is located in an r3 zone and violation of article3 section 301 table 3-1. A3sec301t3-1 refers to restriction of R3 district to use of homes only. An apartment complex with commercial units is not a house.
Sale of property is stalled by litigation over itema on sidewalk between leasee and township. Real estate agent insisted to pay leasee's fine to expidite sale of building. Leasee agreed but maintained innocence. No appeal was able to later be filed. Leasor tranfers lease to new leasor. New leasor later mentions property is a nonconformitie and is not sure if it is legal to put items outside to display. commercial zoned busniesses are permitted to put items on sidewalk. Its previous zoning was a C1. This is evidence that township will not reveal. Nonconformities are protected by law. Even though this was rezoned as a residential district, isn't the leasee permitted to have the same rights as it did before when it was commercial? Isnt this the definition of a nonconformitie? Leasee still exercises right to put items outside. Leasor is fined by the township. Leasor is given deal by township, evict the leasee or pay the fine. Leasor files for posseion. Judgment to leasor due to leasee breaking lease. Lease states leasee must obey all township ordinances. Leasee states although township said an ordinance was broken, that does not mean they have. Leasee believes the nonconformite (grandfathered commercially zoned property in a newly residentially zoned district) has the right to put items on the sidewalk. Leasee belives maybe the lease could be fraudulant stating it is a commercial property , but does not have commercial rights. Leasor will not appeal the ordinance. Leasee is appealing the possesion notice. Is leasee entilited to compensation and damages if leasor offers a property less than what was expected? Are nonconformities such as this permitted to put items on sidewalk. Thank you for reading
Sale of property is stalled by litigation over itema on sidewalk between leasee and township. Real estate agent insisted to pay leasee's fine to expidite sale of building. Leasee agreed but maintained innocence. No appeal was able to later be filed. Leasor tranfers lease to new leasor. New leasor later mentions property is a nonconformitie and is not sure if it is legal to put items outside to display. commercial zoned busniesses are permitted to put items on sidewalk. Its previous zoning was a C1. This is evidence that township will not reveal. Nonconformities are protected by law. Even though this was rezoned as a residential district, isn't the leasee permitted to have the same rights as it did before when it was commercial? Isnt this the definition of a nonconformitie? Leasee still exercises right to put items outside. Leasor is fined by the township. Leasor is given deal by township, evict the leasee or pay the fine. Leasor files for posseion. Judgment to leasor due to leasee breaking lease. Lease states leasee must obey all township ordinances. Leasee states although township said an ordinance was broken, that does not mean they have. Leasee believes the nonconformite (grandfathered commercially zoned property in a newly residentially zoned district) has the right to put items on the sidewalk. Leasee belives maybe the lease could be fraudulant stating it is a commercial property , but does not have commercial rights. Leasor will not appeal the ordinance. Leasee is appealing the possesion notice. Is leasee entilited to compensation and damages if leasor offers a property less than what was expected? Are nonconformities such as this permitted to put items on sidewalk. Thank you for reading