Siu just wants to get an opinion. No one has said anything about suing anyone. We haven't been locked out. None of us are experts in contract law. If she wants to pay someone to analyze the documents let her, who knows we might learn something. It's her money let her do it since she wants to. Someone should give her the documents. No one should be saying to not encourage the lawyer option. If we stay, lawyers will be required to draft up an agreement between us and AW. If we leave we may need them to draft up a document where all parties acknowledge that the old lease is no longer in effect.
On Thu, Oct 25, 2012 at 5:37 PM, Justin Lacko <[email protected]> wrote: > 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/ >
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