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| | #31 |
| Moderator Joined: Sep 2003 Location: Belgium
Posts: 4,347
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Gonna be cool |
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| | #32 |
| Registered User Joined: Mar 2005
Posts: 472
Thread Starter | Bad News
Well, just when you think you're OK, they pull you right back in. On december the 22nd, after all the main concrete work is done on the walls, and I'm feeling really happy and looking forward to spending some time with my girlfriend who is going through tough times (lost a sister earlier this year) I receive this lousy phone call from the owner of the building, explaining me that some guy just *dropped by* and offered 1m€ for the building and that he said yes to the offer. Then he tells me I have to leave now - that neither him nor the next owner want me to stay. And he says that, knowing that 2 months earlier he'd signed a 9 years binding contract with no way for him or a new owner to kick me out unless the building is dangerous or needs major repairs due to safety pbs. So technically, the guy owes me big money for breaking the contract - a basic indemnity of 1 full year of rent (if not 2) + reimbursement of all the money I spent on the building + a compensation for the loss of income and any other present of future loss due to his decision. We are talking at least 40k€, if not 50k here. And that's just what he is legally forced to pay me. But that's where it the fun begins: the guy doesn't want to pay me a penny, saying I have only been here for 3 months - that it's not soooo bad afterall. Yeah, Right! tutt So now I'm contacting lawyers etc, and will try to pressure him on all that to try and avoid a lawsuit - where he would a least end up paying twice what he owes me as of now. I don't think it's going to go the easy way because he doesn't even bother answering my calls since the last few days. In the meantime, building works have stopped completely, I was able to cancel most of the orders, the companies have been very understanding which is nice! They could have forced me to pay 30% of all the orders. And it would have been a straight lawsuit with the current owner. Wish me luck, I will need it. PS: BTW, I'm gonna freelance for a while... |
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| | #33 | |
| Moderator Joined: Sep 2003 Location: Belgium
Posts: 4,347
| Quote:
I hope the money gets sorted out in a favourable way for you. Worst part is that you need to hunt for a good space once again and see the studio delayed further See you soon!
__________________ Mathijs Indesteege aka Mathew Lane mixing - mastering - audio restoration - plugins http://www.mathewlane.com DrMS. Focus on your stereo field. - NEW v3.2 OUT NOW! DrMS spatial processor - native RTAS/AU/VST plugin » Digital Audio Product Support Joystick Audio - Benelux High End Distributor http://www.joystick.be | |
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| | #34 |
| Lives for gear |
Anderson My heart dropped when I read your thread, as you probably know I have been building a place of my own and have had many "rollercoaster" moments such as this. One thing is for sure make damn sure you have a good lawyer and get as much as you can out of this. At the end of the day you have a contract that says the space is yours for as long however many years you signed up for. Best wishes and good luck, I sincerely hope it all works out for you. Best DD
__________________ Hey, I started off with nothing and I still have plenty left... http://www.blast-recording.com http://www.myspace.com/blast_recording |
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| | #35 |
| Registered User Joined: Mar 2005
Posts: 472
Thread Starter |
Thanks a lot DD & Delta! Sure this guy better start cooperating - otherwise he will pay up to the nose, trust me on that. I do have this contract, but one thing is that I don't want to work in a place where every morning it is something new with the owner - trying to find a way to kick me out anyway (noise at night in the parking, musicians smoking pot in the lounge etc...). AFAIC, the place is lost whatever happens. I do not wish to be in there anymore. Bad Karma! I've been visiting every building in the local ads the last couple weeks, and couldn't find a new place yet. I think I will buy one - no more renting BS. It's going to cost me more, but if it's the price of safety for my studio and my acoustics business, then that's the right price I guess. Take care! Tom |
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| | #36 |
| Lives for gear Joined: Sep 2003 Location: Chicago
Posts: 1,627
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i'm sorry to hear the bad news. your lawyer instinct is right. my advice would be to not make a single move w/o the help of a good lawyer from now on. best of luck to you.
__________________ She's tidied up and I can't find anything |
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| | #37 | |
| Lives for gear Joined: Sep 2005 Location: St. Louis MO
Posts: 2,636
| Quote:
Well get a damn good lawyer and use what he gets you for a down payment. Buying is totally the way to go here, especially after your last two landlords. Also when you step back and look at it, its a much more wise investment to buy, you never have to leave, the value goes up from day one, and if the studio thing ends up not working out you can either sell the building(most definately for a profit) or rent it. As a Realtor I can say buying will make you much happier in the long run. Jon C. | |
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| | #38 |
| Gear Head Joined: Nov 2005
Posts: 58
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open and shut case . if you sighned a contract stipulating a time period , you have paid all rents and deposites, you are upto date with all payments , payed the insurance for the building and all goverment taxes . then my friend he hasent got a leg to stand on . none at all belive me i am a lanlord myself .he will HAVE to pay you all damages , all the money you have spent on the building , time lost in business expences , even try to find you a new property that is either the same or better suited for you biz. also he will have to pay you to leave ( under the counter is better ) . dont loose any sleep over it if everything has been done leagle on your side . even then if he has accepted any money from you to stay in his property contract or no contract he is leagaly bound to you . this could end up as a good thing on your side, better funding for the new studio . |
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| | #39 |
| Lives for gear Joined: Sep 2003 Location: Chicago
Posts: 1,627
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also, when seeking damages, be sure to include the labor costs for you and any unpaid workers. your time is valuable.
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| | #40 |
| Lives for gear Joined: Dec 2005 Location: A stoned throw from ground zero
Posts: 5,763
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Your attorney may hold the normally sceduled rent payments in escrow just so that you can show full compliance with your side of the contract. Not really sure if that's the case or not, but make sure you ask. |
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| | #41 |
| Registered User Joined: Mar 2005
Posts: 472
Thread Starter |
Thanks so much for all the good advices! I still can't get the guy on the phone, I will try a couple more times today, then send an offical letter that will start the legal action - no going back after that. I have the law on my side, I have done all what I had to do, I'm in total compliance. I also registered the contract, so there can't be any denying from his side. It's all too bad for this guy... Well, he'll get what he deserves. Things could have been smoother, but that's the way it is I really hope to find something soon and end up with a structure before end of 2006 anyway... Can't stand seeing my gear stored and being unable to use it. I also hope the console won't suffer too much from this extended storage time. You all have a nice day! Cheers /Tom |
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| | #42 |
| Lives for gear Joined: Aug 2005 Location: Antwerp
Posts: 554
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omg. i'm sorry to hear that Tom ... your landlord is even worse then mine, but if he's got a million € for the building, make sure you get some of that money for your own place. it could be a good thing after all, renting is allways pretty dangerous (i know) good luck, wim
__________________ Studio TinPanAlley |
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| | #43 |
| Gear Head Joined: Nov 2005
Posts: 58
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i wouldent worry to much about the rembrandt sitting around we had ours stored for 6 months before we installed it . just twiddle the knobs press the bottons ocationally and keep it in a nice dry and damp free space . ask the wife if you can keep it in the bedroom mine said no but theres always hope .
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| | #44 |
| Gear nut Joined: Feb 2004 Location: Brooklyn, NY
Posts: 130
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t, The owner is counting on you to not want to deal with the hassle of getting a real settlement. You've got some serious leverage, don't be afraid to be an aggresive PITA. You could easily sour their one million euro deal for them, they'll settle pretty quickly once they see you aren't going to roll over. good luck, it sucks losing your space but at least you know now that the owner is shady, I'm sure your next place will be even better. cheers, joel |
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| | #45 |
| Lives for Jesus Joined: Oct 2005 Location: orange county ca.
Posts: 2,935
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Sometimes it’s hard to see the GOOD that can come from bad situations....... I wish you the best with your studio wherever you build it. steve
__________________ Steve Perkins Steve Perkins Fishing.com Creation Recording Studios .com Take a Kid Fishing Outreach John 3:16 |
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