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Old 05-06-2009, 08:47 PM
 
12 posts, read 109,294 times
Reputation: 23

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I am trying to start a business and I found a space but, I think my Landlord has broken the lease but I'm not sure. SO, here are the details:

The lease was suppose to had started on already but there was a mix up and he didn't get his security deposit until two days ago(to no fault of myself or the landlord's). The day he received the deposit I tried to call him a total of 11 times and have left three messages so that I can get the keys to the store but, he has not returned my call and at one point he turned his phone off. I have not called him back since the day he received the deposit because I have been waiting patiently for him to return my call but he hasn't yet.

I feel like he has broken the lease by denying my access to the space because he has not returned my call to arrange a time for me to get the keys.

Does anybody know if I am correct in my assumption? Has he broken the lease?
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Old 05-07-2009, 05:40 AM
 
Location: Scottsdale, Arizona
1,271 posts, read 4,860,367 times
Reputation: 1128
So if it wasn't your fault and it wasn't the landlord's fault-whose fault is it that he didn't get the security deposit in time? Since it is your obligation to tender the deposit to him, imho you may be in breach of the lease agreement for failure to get the deposit to him in time.

What exactly does your lease say about possession, keys--and the deposit? Also there should be a section called "breach" or "rights" or something like that.
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