I have 5 months left to a commercial lease, I moved out. The landlord couldn't keep the building heated. I lost 10 days of business. He wouldn't put in more heaters. Pipes froze eventually. Closed for 3 more days. Avg temp was 48
I have a home Store, and diy furniture. I sell paint. So paint storage was a problem also because of temp.
He also wouldn't plow driveway in a timely manor. When questioned he told me if I don't like it get the "f__" out. So I did
Also we believe the lease is residential not commercial. It says DWELLING throughout
In brief, what I see in your post is:
a) Your landlord does not need to evict you because you have vacated;
b) Your former landlord has claims against you arising from your early termination and for any damage you may be responsible for under the lease;
c) You may have claims against your former landlord arising from your claims that your landlord did not honor the lease;
d) The actual text of the lease agreement are central to this dispute.
Beyond that, It's worth noting that just because a lease says "dwelling" doesn't make it a residential tenancy. It's a residential tenancy if it's a lease for a residential unit. Lastly and most importantly, any time any dispute is tried in court there is a chance that either side can win.
I hope that this is some help.
I represent lenders and landlords, and do not represent consumer borrowers or tenants. Although I try to answer your questions from a neutral perspective, there may be other approaches or nuances from the perspective of a debtor or tenant lawyer which might yield a different result. More importantly: I am answering questions as a courtesy and in the abstract. This format does not provide the details necessary for reasoned legal advice and my responses are not intended to provide reasoned legal advice to the person who asked the question. No attorney-client relationship is established by this online exchange. Despite all that, I hope that my answers are some help.
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