How many time does a tenant has to give his landlord to answer a complaint letter before opting out contract?

Question

This is the situation, I'm a small business owner in a shopping center with about eight other small businesses. I'm directly next to a bar that allows smoking and drinking. I have no problem with that however what I do have a problem with, is the smoke that lingers from the bar and enters into my store. I mean it's to a point where my customers are complaining about it and now not even coming back to do business due to the smoke from the bar. I'm not the only tenant that has complained about this problem and he the landlord keeps saying he don't know what to do. Now I've put this in writing to him and he has received it because I sent it certified mail about two weeks ago and he has yet to respond. On top of the smoke every other week there is vomit in front of my store that I have to clean that is coming from the customers of the bar that had a little too much to drink. All of this the landlord knows about and is not doing anything about. My business is being affected by this. Help me

Answer 1

Many leases state that they are invalidated when the premises are no longer inhabitable, due to conditions such as fire or flood, or, in your case, the tenants next door causing a disastrous situation for your business.

--

Answer 2

Your landlord needs to talk to the tenant which owns the bar business. Certainly this tenant should be held responsible for cleaning up the vomit messes his clients leave, especially in front of YOUR business.

The landlord can also assist or demand appropriate ventilation from the bar to move the smoke outdoors where it will not permeate your structure.

However, you may have to get rather persistent to get cooperation from the landlord. As is always the rule in commercial leases, what is in black and white is what rules.

Answer 3

You really don't have a valid complaint about the smoke if the bar was there when you began occupancy. You knew it was there and no one can force the bar to go no smoking if smoking is legal in your state (how awful).

Your complaint about the vomit actually needs to be made to the bar owner. I would think it is legally the same as fast food customers littering, the fast food establishment is responsible for the mess.

Answer 4

Sounds like you have a good case. Doesn't cost much to file a small claims suit for breach of contract. If I am not mistaken, you should sue in the County in which your house resides. Also take note, you mentioned alot of personal aspects above. The judge doesn't want to hear all that. All they want is the facts without personal issues or emotion. If the place was uninhabitable then I would guess the tennant would have to prove that. Otherwise its a no brainer breach of contract. Make sure you submit everything in writing and follow up conversations in writing. And most importantly... BE FAIR AND HONEST!

Answer 5

Commercial leases are an entirely different animal than residential leases.

They are not ruled by Residential Landlord/Tenant laws, they are ruled by contract law and what is contained in the lease.

Answer 6

You need to refer you to Lease and determine if there is a Cause that relates to these types of issues. In any event, you will need an attorney to help you out of your lease.