Started negotiations over 90+ days prior to end of lease to establish terms for renewal. After 30 days, verbal agreements were reached and was told it would only take a week for a new lease to be written. For the last 60 days, I have sent numerous emails and left repeated voice mails, requesting an update and expected delivery date for the new agreement. Finally received it today, 3 days prior to the end of the existing lease, with many discrepancies from what was verbally discussed. Was also told they are not available to discuss until Friday, August 31, coincidentally, the last day of the lease. I feel this is intentional misrepresentation. It is unethical and a deliberate attempt to put me out of business. Do I have a course of action?
Although a few torts (not contract actions) may be available depending upon the remaining fact pattern, the likelihood of a contract action probably does not exist. It would help to provide the length of the current lease term, the verbally agreed lease term, and the final lease term proposed by the landlord.
It probably wouldn't hurt sitting down with an attorney to discuss it. Be sure to bring your old lease, the proposed new lease, any e-mail correspondence regarding the matter, and your step-by-step regarding the matter.
The above statements are provided as general information and not intended as legal advice. Each matter has its own set of unique circumstances that cannot be adequately addressed without consultation. You are strongly advised to hire an attorney licensed to practice law in your state to represent you.
A possible range of courses of action may be set out in your lease. I suggest that you retain an attorney to review what avenues the lease allows. The lease may indicate that you can continue on month to month. Or the lease may indicate that you would be considered to be holding over at a greatly increased amount of rent if you stay beyond the end of the lease.
Regardless, you probably need an attorney to write a letter to the landlord or leasing agent to set out your side of the facts and to ask for appropriate relief. Print out all your emails and communications for an attorney to review ASAP.
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