Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out

Lease Termination

VIEWS: 93 PAGES: 2

									   1. Heating, Air and Ventilation…..during the commencement of our lease signing, Custom
      Tees was informed:
      a. The heating ventilation and air conditioning unit was installed and in operation. This
         was incorrect and misleading. Therefore, we were unable to use our leased area due
         to the following:
         i. No one including Emerald knew or could find the pounds per square inch of the
                 current AIR HANDLER which is necessary obtain the compatible air condenser
                 or heat compressor
         ii. Every attempt to hire licensed and insured HVAC technicians a total of (8) eight
                 including 1HVAC, Alfa and Omega, Dwayne’s HVAC, Goodman (who actually
                 makes the air handler which Emerald installed was unable to determine the
                 PSI.
         iii. Custom Tees spent $2,300 (Two-thousand and three hundred) in an attempt to
                 install the compatible air condenser whose poundage is inadequate. In lay
                 person’s terms…..we had to guess according to expert advice and were
                 wrong.

       In conclusion, the entire summer of 2010, we were out of business! Currently, we do
       not have the money to change our current air condenser based on hopes of getting it
       right. We were informed by Emerald that we were to discuss reimbursement which
       never took place.

   2. Zoning was another issue which we shall not be discussed
   3. Common Area Maintenance (Article 10 of the Lease) cost…….is another issue which has
       not been resolved. This issue concerns the following:
       a. What are we truly responsible for paying?
       b. What percentage of items are we responsible for paying
          We dispute and/or entirely reject paying 20% of:
          i. Water wherein Suite 2 has only a faucet and toilet and other tenants like Rita’s
                  Water ice and the Dominican Hair Salon use (possibly 95%) of the water.
          ii. The only, quote:”Common Area Water” accessible to Custom Tees is the water
                  hose located behind Rita’s which we don’t use.
       c. Security which is only used by Rita’s (during their months in operation). This being
          the gentleman who arrives at closing for Rita’s.
       d. Electric

    In conclusion, the sum of $257 (two hundred and fifty-seven dollars) which is billed to
Custom Tees (monthly) is unconscionable for 20% of common area. The proof (billing) of which
Emerald is supposed to provide at the end of the year.
     This is an enormous issue due to the repeated late fees charged to us during our stay.
Lastly, we were not notified of the amount of common area maintenance until more than 60
days after signing of the lease (which is another issue).

   4. Property Taxes…..which the legality is totally in questionable. Without review of the
       laws, it is foreign from this Owner and Leaser of multiple properties for 20 years (Sharif
       Givens) where a tenant is obligated to pay for their leaser’s property taxes.

     There are other issues which are not needed for this notification. With the respect and
rights given both parties, we give this Notification of Termination of Lease commencing
immediately on this 9th day of February 2011.

     If accepted, we will vacate all properties and other desirable things belonging to us by 15th
of February 2011. Thank you for your attention above.



NOTE: We have heard during our lease period several mention of lawyers, court proceedings
etc., Even statements of Emerald hiring a lawyer whose retainer is $6,000 whose fee Custom
Tees would be responsible for paying.

    Let me say this: “an eviction cost $85 (pro se) and approximately $35 in court cost.
Secondly, Emerald’s assumption that they would win attorney fees (a completely separate issue
decided by a judge in civil proceedings) is presumptuous.”

     Emerald presumes that their lease is an “Enforceable Contract” (under the law), that their
lease, along with their words and actions is/were consistent with the commercial and landlord
laws of Philadelphia and Pennsylvania. Lastly, that no liability would be found on the part of
Emerald wherein allowing them to recoup more than the attorney fees, time, energy, court
hearings exhausted. Civil proceedings are lengthy, meticulous and saturated with complexities
of procedural, substantive and case law when two opposing parties are experienced.

     Neither of us needs that and we request that you accept our humble offer based on the
issued which both parties are aware of.



Sincerely,

								
To top