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Sub Tenant Having Landlord Issues From A-Z !!! Repairs, Maintenance

Discussion in 'Commercial Landlord & Tenant Issues' started by glamorousu, Jan 4, 2014.

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  1. glamorousu

    glamorousu Law Topic Starter New Member

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    I am so glad I found this site!!! Thank You! I am a sub tenant in a commercial location in Georgia. I had paid my first 6 months rent in advance, (Feb 2013) never ever been late. One year lease, renewable with small rent increase, currently in 11th month. I pay a percentage of utilities (not in lease) as I feel this fair since it would be expensive to obtain in corp. name, always pay on time. Prior to moving in, I spent approximately 8k in upgrades and repairs to my space in this building, as I planned to stay because the landlord's business was supposed to compliment mine and vice versa, he has a pet boarding daycare business, I have a dog grooming salon. Having a super wet season, I found the roof has leaks. I brought this to my landlords attention and he did call his landlord, but it STILL hasn't been resolved. The ceiling tiles are turning black with mold. In one room of my unit, I have a plastic can that I dump every single time it rains, and yesterday it had about 9" of water in it!!! I cannot arrange my work area as I want due to this leak issue for fear of damaging my very expensive equipment. I was also told prior to signing the lease that the heat/AC unit was new...NOT!!! There isn't a combo unit..only a heat pump. I have been working in 90 degree temps in the summer, with 3 heated dryers running and increasing the temps in my grooming area.The landlord goes out and buys a larger window unit ac and puts it through the wall in JULY!!!!! Unit still does not cool my main working area adequately, and this is a metal building, inadequately insulated. I need out of this building, but, I have spent an incredible amount of money starting this business and feel so so discouraged and stuck!! I have been lied to repeatedly, the landlord and his employees sabotage the potential bathing/grooming clients by offering the same service that I do and the list is just endless...I need some input and direction if anyone would be so kind. Can I get anything back taking legal action? Thank you in advance...big fat sad face :(
     
  2. army judge

    army judge Super Moderator

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    You have no legal basis upon which you can stand for recouping any monies expended such as: building improvements, utilities, rent, etc...

    Normally a tenant who makes improvements to the leasehold does so at his or her expense and the improvements become property of the landlord. You voluntarily paid the utilities believing that to be fair, even paying your first six months rent in advance.

    You have two choices now. Give your notice and don't renew for February 2014, or renew your lease for February 2014.

    You didn't ask, but I'll offer another opinion. Never sublet, especially as a commercial tenant. In most cases the subletting isn't legal, and you endure what you're enduring. Always lease from the legal owner, and do your due diligence to ensure the landlord is solvent. Otherwise you place your livelihood at risk. If I were you, I'd start my search for new digs now. If you can't find a place that quickly, continue on a month to month basis, but I don't even suggest that in your situation. Good luck.
     
    Last edited: Jan 4, 2014
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  3. glamorousu

    glamorousu Law Topic Starter New Member

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    I made all the upgrades and repairs knowing it was lost, but had NO idea of the nightmare I have endured. I am looking..and looking. I just don't trust him and I have learned a great deal of how NOT to get involved with people of this character. It never hurts to inquire. Glad I did...Thank you for your response.
     

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