Don't encourage the lawyer option...
On 25 October 2012 17:01, Mark Jenkins <[email protected]> wrote: > 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. > > > _______________________________________________ > SkullSpace Discuss Mailing List > Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > Archive: https://groups.google.com/group/skullspace-discuss-archive/ _______________________________________________ SkullSpace Discuss Mailing List Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss Archive: https://groups.google.com/group/skullspace-discuss-archive/
