Business Contracts Unused Rent Refund

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rrobertsonsr

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I signed a lease with a mall. I have been here for a week and I am not making any money so I want to leave and go to another mall. I gave them 2 months rent but now they are saying that I am not getting my rent for the next month back. So I looked at the contract and it states this:
Non-Refundable (Except upon Licensor's Revocation pursuant to paragraph 13 of the attached License Agreement)
Chapter 13 states: REVOCATION OF THE LICENSE: Licensor and/or Licensee, in their sole discretion, may revoke this License at any time during the term of this License for any reason, or no reason, upon giving 48 hours advanced written notice to the other party, except the Licensee may not revoke this License during the Holiday Period (as defined in Schedule 1). In the event of revocation by either party, Licensee shall immediately vacate the Premises. If Licensee fails to vacate the Premises within 24 hours of the revocation of the License, Licensee specifically agrees that the Licensor may terminate any and all Licensor provided services (e.g. utilities) to the Premises, including, without limitation electrical power. Licensee hereby agrees to hold the Licensor harmless for any damages incurred by the Licensee as a result of, or relating to, the termination of Licensor provided services, including electrical power following the revocation of the License granted herein.

Why would they not give me my money back?
 
I don't know what you're reading, OP. I've read the excerpt and see nothing about you receiving any rent payments refunded in case of lease termination.

Why they won't do what you asked? Why doesn't anyone do whatever we ask?

No other party is required to just acquiesce to our demand(s).

ONLY a court can order any of us to do or refrain from doing anything.

If you believe you're right, they disagree, you'll have to haul them into court and allow a judge to decide. Good luck.
 
It's not a lease. They call it a license and it shows Non Refundable ( except under Licensor's revocation persuant to Chapter 13 under the attached license agreement ).
So when you look at chapter 13 it says that you can terminate at anytime. Also I didn't paste the whole chapter 13.. my apologies

REVOCATION OF THE LICENSE: Licensor and/or Licensee, in their sole discretion, may revoke this License at any time during the term of this License for any reason, or no reason, upon giving 48 hours advanced written notice to the other party, except the Licensee may not revoke this License during the Holiday Period (as defined in Schedule 1). In the event of revocation by either party, Licensee shall immediately vacate the Premises. If Licensee fails to vacate the Premises within 24 hours of the revocation of the License, Licensee specifically agrees that the Licensor may terminate any and all Licensor provided services (e.g. utilities) to the Premises, including, without limitation electrical power. Licensee hereby agrees to hold the Licensor harmless for any damages incurred by the Licensee as a result of, or relating to, the termination of Licensor provided services, including electrical power following the revocation of the License granted herein.
If the License is revoked by Licensee pursuant to this Paragraph 13, then Licensor shall refund to Licensee any Fixed License Fee paid in advance by the Licensee on a pro rata basis. (See Refund Policy in Schedule 1). In no event, however, will any Fixed License Fee paid for the Holiday Period (See Term defined in Schedule 1) be returned to the Licensee, and the License Fee for the first month is non-refundable. If the License is revoked by Licensor pursuant to this Paragraph 13, then Licensor shall refund to Licensee any Fixed License Fee paid in advance by the Licensee on a pro rata basis, including the Holiday Fixed Fee.
 
rrobertsonsr said:
It's not a lease. They call it a license and it shows Non Refundable ( except under Licensor's revocation persuant to Chapter 13 under the attached license agreement ).
So when you look at chapter 13 it says that you can terminate at anytime. Also I didn't paste the whole chapter 13.. my apologies

REVOCATION OF THE LICENSE: Licensor and/or Licensee, in their sole discretion, may revoke this License at any time during the term of this License for any reason, or no reason, upon giving 48 hours advanced written notice to the other party, except the Licensee may not revoke this License during the Holiday Period (as defined in Schedule 1). In the event of revocation by either party, Licensee shall immediately vacate the Premises. If Licensee fails to vacate the Premises within 24 hours of the revocation of the License, Licensee specifically agrees that the Licensor may terminate any and all Licensor provided services (e.g. utilities) to the Premises, including, without limitation electrical power. Licensee hereby agrees to hold the Licensor harmless for any damages incurred by the Licensee as a result of, or relating to, the termination of Licensor provided services, including electrical power following the revocation of the License granted herein.
If the License is revoked by Licensee pursuant to this Paragraph 13, then Licensor shall refund to Licensee any Fixed License Fee paid in advance by the Licensee on a pro rata basis. (See Refund Policy in Schedule 1). In no event, however, will any Fixed License Fee paid for the Holiday Period (See Term defined in Schedule 1) be returned to the Licensee, and the License Fee for the first month is non-refundable. If the License is revoked by Licensor pursuant to this Paragraph 13, then Licensor shall refund to Licensee any Fixed License Fee paid in advance by the Licensee on a pro rata basis, including the Holiday Fixed Fee.
Click to expand...

Hmm, interesting.
It appears that its some sort of license for use, right?
I'm thinking you own one of those stand alone kiosks that could sell mobile phone accessories, t-shirts, knives, most anything.
You're simply being allowed to place your kiosk in a certain location and sell your stuff.
I could see how you arrived at your conclusion.
I can also see how the mall operator arrived at theirs.
If you can't negotiate a settlement, and you're still unsatisfied your remeody would be to take them to small claims court.
Good luck with that.

I bet on a good day or two in the right location you could make the money they won't return to you.
Everyone's tax situation is different, but the monies you're losing might be claimed as a loss on your local, state, and federal taxes for next year.

Just a thought or two.
 
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