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Posted by John on February 03, 2000 at 13:58:11:

In Reply to: Re: Commercial Lease posted by Minty on January 31, 2000 at 17:55:55:

All you have to do is claim that the owner knew that you would be living there.
Commercial lease or not you are still protected as a residential tenant, but only if you don't panic and concede to an aggressive landlord. If you ever start to have problems with the landlord, the first thing you do is file with the city Inspectors asking for an inspection and then file suit in Housing Court. It can actually be quit profitable. However you have to know what you are doing. First of all the landlord is always responsible for knowing whether or not tenants are living in a commercially zoned building, and if he knows that they are he is then obligated to bring his property up to residential code regulations. By Law! Housing Court Judges always believe the tenant when the tenants make the claim that the landlord knew they were living there. Now looking at a property commercially and residentially is like night and day, to convert a property that is commercially zoned up to residential code is very costly, in fact potentially hundreds of thousands of dollars, it is therefore cheaper for them to buy you out and for materials and labor it is usually quit profitable.

But the idea is to live in harmony with the landlord, so if you piss off the broker then you probably piss off the owner, for circumstances like these to work there must be mutual submission and denial that anything wrong is going on. This is a case where the squeaky oil does not get the oil, but gets changed out for a new one, unless you know your rights. HOWEVER and this is a big however, fire hazards are a different story, if one person can lock tenants out it is the fire marshal or fire inspector. But even if you get locked out that doesn't mean that you can't file with the housing courts and get compensated, the landlord always loses in these situations unless you do not know what you are doing. Always remember the landlord has much more to loose and he is at the most risk, so he will try the most desperate things. And the easiest way to avoid a fire marshal, a peep hole. Be smart and calm and don't run for the hills and you will be under control.

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: All you have to do is claim that the owner knew that you would be living there.
: Commercial lease or not you are still protected as a residential tenant, but only if you don't panic and concede to an aggressive landlord. If you ever start to have problems with the landlord, the first thing you do is file with the city Inspectors asking for an inspection and then file suit in Housing Court. It can actually be quit profitable. However you have to know what you are doing. First of all the landlord is always responsible for knowing whether or not tenants are living in a commercially zoned building, and if he knows that they are he is then obligated to bring his property up to residential code regulations. By Law! Housing Court Judges always believe the tenant when the tenants make the claim that the landlord knew they were living there. Now looking at a property commercially and residentially is like night and day, to convert a property that is commercially zoned up to residential code is very costly, in fact potentially hundreds of thousands of dollars, it is therefore cheaper for them to buy you out and for materials and labor it is usually quit profitable. 

: But the idea is to live in harmony with the landlord, so if you piss off the broker then you probably piss off the owner, for circumstances like these to work there must be mutual submission and denial that anything wrong is going on. This is a case where the squeaky oil does not get the oil, but gets changed out for a new one, unless you know your rights. HOWEVER and this is a big however, fire hazards are a different story, if one person can lock tenants out it is the fire marshal or fire inspector. But even if you get locked out that doesn't mean that you can't file with the housing courts and get compensated, the landlord always loses in these situations unless you do not know what you are doing. Always remember the landlord has much more to loose and he is at the most risk, so he will try the most desperate things. And the easiest way to avoid a fire marshal, a peep hole. Be smart and calm and don't run for the hills and you will be under control.


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