On 10/25/12 15:10, Roswyne wrote:
I would personally like to get a lawyer's opinion. However, I don't
have copies of the leases, which I would need to get from the board.
Could you also ask how much the lawyer thinks we would get in damages to
compensate us for our losses + punative damanges and what the lawyers
would want to take from that? (at least 33%?)
You'll be posing three hypotheticals:
* If action is taken against us (such as doors locked prematurely) are
we in a position to sue?
* What's our chances of winning?
* What kind of cival damanges (compensation for losses and punative)
would be typical to recieve after a ruling in our favour?
Sui, when you get your hands on the text, I would recommend reading
closely any clauses that set out and limit what uses we could make use
of the space for -- as that's likely to be the primary line of counter
attack that they'd use, they'd claim we violated the lease by using the
space in ways the lease said we were not supposed to.
And so with that we're going to have to think back about how we used the
space and also how *Assent Works* used the space to be sure there
weren't use-related breaches -- there isn't a leg to stand on if either
of us broke what it said regarding use.
Any lawyer is going to ask questions about that in a consult.
Specifically, if Assent Works as our co-tennant did something that
breached the lease then we wouldn't be able to stop the landlord from
saying the lease is breached for that reason -- we would only be able to
go after Assent Works for breaking the partnership formed with us by
signing as co-tennants with us, and we'd have to be able to show they
did those things without our support or consent.
Any scenario involving going after Assent Works for their role in this
is a nuclear option that I don't even think you'll want to consider.
A lawyer may also be interested in about other ways in which we may have
breached the lease, so look at the text and try to imagine if particular
terms were violated.
If in reading the lease you find something that you think we may have
breeched, report it directly to the board.
-------------
One of the most sad things about the large back pile of utility bills
being thrown at Assent Works and Skullspace is that they're only
subtracting the Cr8tory amounts and $1000 annual common area credit --
there's no subtraction for the electricity use they thought we were
going to use for our purposes. Surely they didn't imagine zero -- even
storage places have to have the (ineffecient) lights on sometimes.
Ditto for the new lease proposed, there's no subtraction for what they
thought before we were going to use for our own purposes, so the net
effect even in *their* own terms now is a rent increase.
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