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Northward studio - another studio building thread!

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Old 23rd December 2005   #31
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Old 5th January 2006   #32
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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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Old 5th January 2006   #33
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Quote:
Originally Posted by Anderson
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...
DAMN! Very sorry to hear that

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!
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Old 5th January 2006   #34
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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

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Old 5th January 2006   #35
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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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Old 5th January 2006   #36
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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.
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Old 5th January 2006   #37
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Quote:
Originally Posted by Anderson
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

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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Old 5th January 2006   #38
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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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Old 5th January 2006   #39
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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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Old 6th January 2006   #40
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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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Old 6th January 2006   #41
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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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Old 8th January 2006   #42
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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
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Old 8th January 2006   #43
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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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Old 8th January 2006   #44
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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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Old 8th January 2006   #45
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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




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