All Forum Posts by: Bob Foglia

I am looking to get quotes and hire a contractor to install an exterior door into my below grade basement just south of Denver Colorado.

Thank you in advance.

@Bill S. Thanks, Bill... I was afraid someone was going to say something to that effect. My attorney basically said that same thing... "Only the attorneys win in these partnership disagreements" 

But, since my attorney is out of state, they just weren't sure if something like that was enforceable in Colorado... Because it isn't in other states... So I thought I'd throw it out there. 

Bottom line, you're saying it might be... It might not... Ugh!!! 

I have a general lease question regarding the enforceability of a clause. Let me condense this as much as I can... I'm happy to elaborate if needed...

Scenario:

Two partner, member managed LLC...

Partner 1 signed original lease for commercial space with authority of both partners and a personal guarantee that was signed by both partners.

Fast forward... Partner 1 now goes and signs a new lease (amendment) without partner 2's okay, and is even the only one on the new personal guarantee. 

BUT... the original lease states and I paraphrase... "guarantee is not waived due to any modification, amendment or alteration of the lease whatsoever". 

In the state of Colorado, is Partner 2 now "on the hook" for the actions of Partner 1? 

Thanks @Rhett Tullis I am sending the tenants a message this evening... We'll see what they have to say. Stay tuned!

@Rhett Tullis so you are saying OK county is NOT landlord friendly? Not what I want to hear!

And as far as deciding when to file... If they try to sue me for their expenses, I wouldn't have a choice in that, correct? 

@Jeff Filali  thanks so much, that's a big help. I will  be amending  my lease.

@Jay London  I had planned to of course to give them a break on the rent for the time they were out… So on a $1300 per month rental, they were out two weeks, which would be a $650 credit. I had also thought of giving them another $100 to pay them for their cleaning time, which I had to pay a professional company to do anyway. But above and beyond that, their expenses would be similar had a fire or flood etc. occurred…  so I planned to tell them they can deduct $750 from their February rent. If I'm understanding you right that is what you recommend and only take action if they deviate from that. Correct?  The jist of my question really though was, what if they take me to court for the remainder of the expenses???

@John Kunick the property is in Oklahoma (north OKC). Thank you and thanks @Rhett Tullis for the advice. I will definitely get wording into the lease regarding renters insurance. Would anyone care to share the paragraph in your lease regarding this topic? 

 And thanks again to everyone for your input. I do sincerely appreciate it. 

@Blake Lennon Hi Blake, thanks and you bet, happy to share... I found the statutes online at 

"The Oklahoma State Courts Network: Title 41. Landlord and Tenant section:

http://www.oscn.net/applications/oscn/index.asp?ft...

scroll down and click on section 121:

http://www.oscn.net/applications/oscn/DeliverDocum...

I cut and pasted Section C...

@Account Closed Thanks Mark... 

I read through the Oklahoma statutes and can not find anything regarding landlord obligations other than, and I am paraphrasing here, and never willfully or negligently failed to take care of the situation... But the wording of the state statute is as follows:

if, the landlord willfully or negligently fails to supply heat, running water, hot water, electric, gas or other essential service, the tenant may give written notice to the landlord specifying the breach and thereafter may:

1. Upon written notice, immediately terminate the rental agreement;  (this was not done) or...

2. Procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent;  (this does not apply) or...

3. Recover damages based upon the diminution of the fair rental value of the dwelling unit;  (this does not apply) or...

4. Upon written notice, procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. (This seems to most closely apply to the current situation - even though I was never noncompliant)

Does anyone disagree? Or know of other wording I may have missed that would require me to pay anything additional? 

@Mark Poulton Thanks for the input & the link. Great site... I can't seem to find anything specific to my obligations while the residence is uninhabitable, though. I see they can terminate the lease IF I DIDN'T FIX IT... But I did. 

Unfortunately, the lease doesn't specifically address this situation either. I will need to rely on the law to determine my obligations here. Or precedence if not addressed in the statutes???

@Greg S.  Thank you for the reply. I appreciate your time. I agree with your assessment. I do wonder if they decide to take me to court over it, though, would a judge agree as well. I really would like to find something in state law that addresses my obligations. I'll keep digging.