Looking forwork due to iditioc land lord

[willbeonekenobi]

Guess who's looking for work because of the landlord of a shopping center. Although I would like to name the people at the rental management company/'s involved I have decided that since that our lawyers are talking to each other trying to settle the dispute here is what was going on:

I was a partner in a video rental store (let's called it 'my video store') and we had been trading for about 6 years now at a shopping centre on the East Rand. When we opened it the leasing agent for the centre was 'Company A'. During the 6 years of trading Company A never had a problem with us, we always paid our rent and utilities bills early and in full, if they wanted a meeting with the other tenants for the centre we always were there first (in fact before them sometimes). We also helped them with promoting the centre. Our lease expired in January we were offered a new lease still with 'Company A' and it was around the time they had transferred their rights <but were given a year to transfer everything> and the centre to new owners (leasing agent we will call 'Company B' and owner of the building is 'Owner A'), and the new owners also have to agree to the lease.

Now here is where our problems begin:

The lease that company A had offered to us the rental was starting off at the rate the current lease would end (which would be fine if they weren't charging us R22500 per month on a 9% annual increase for a 120 square metre shop). We told company A that we would not accept that due to the fact that our shop was the only shop in the centre that had been open since day 1 and other tenants came and gone (and if a tenant left their premises the shop would be vacant for about a year or so before it would be occupied again. Our shop also has not changed ownership during the 6 years whereas the anchor tenant (a fruit and veg shop) had 7 owners in the 6 years we have been there. We also complained to them on a number of occasions about the broken tiles that need to be replaced in front of the shop, cracks in the tiles and parking lot, light bulbs to be replaced, directions to the restrooms, security being useless, etc. Company A reps said to me 'Okay, how about we start off again at about R13500 per month and no increases for 3 years', which I accepted and when the contract was delivered to me the next day I signed it as it reflected everything I had discussed with them the previous evening. They then told me that 'Owner A' and 'Company B' would also have a look at the contract.

Two weeks later representatives from 'Owner A' and 'Company B' came to us whilst we were trading and basically told my mom (who was there because I was training staff members at a new store of the video store franchise that I am involved in) that they were in the business to make money and tore up the contract. They said that if we have a problem then they will sort it out asap (which is obviously not true and a tenant that they signed up that day was open for 3 weeks and not even trading for most of the time because it was closed for most of the time).

I therefore arranged a meeting with 'Owner A' and 'Company B' and told them that I am not happy paying R22500 a month on a 9% annual increase if half the centre is always vacant, or takes years to sort out complaints, etc. In other words I will only pay top dollar for top service and not top dollar for no service. I then told them I want to go on a month to month with them. All the parties involved agreed to it.

I kept on trading as per usual and even done some out of country work for the franchise.

Now here is where it gets very iffy.

Around the middle of last month I decided to do what I like to call my projections (where I calculate/predict my monthly sales for the next 6 months taking into account what movies would be released and my estimate prices for each copy of the dvd/blu-ray and compare each month with the previous year) so I can set my budgets for each month in advance and saw that we were only going one way and that was down (I also took in the fact that since we were operating in an area where a large portion of my clients have HD PVR's and subscribe to BOX OFFICE).

I thought that this is bad for us and decided to cancel all my order's let my staff know what is going on and started not accepting new clients. I also thought that I could try and sell the shop. I told 'Owner A', 'Company A' and 'Company B' that I plan to move out of the centre at the end of the month. Owner A and Company B says you must be out by end of May. Company A says that what we are doing is illegal and not in the contract. I told them I signed a month to month lease with 'Owner A' and 'Company B'. They said I signed a lease with them after 'Owner A' and 'Company B' tore up our latest agreement. I asked them for a copy of the "lease" that I "signed" and it took them a week to e-mail me a copy of the lease. MY signature was there all right but the date was definitely wrong. I supposedly signed this document when I was out of the country and I took a closer look at the document and I saw that it definitely was copied and pasted in (and definitely from a old scanner as the "signature" wasn't as clear as the rest of the document and in fact was not placed properly in the forged contract).

I then took another look at the contract and it was the current rate that I was paying on a 10% annual increase over 10 years! Even 9% is almost or more than double inflation!

I then handed everything over to my lawyers the moment I saw the 'contract' I just knew that Company A were trying to squeeze me over something I didn't agree to (verbally or orally). I then managed to get a buyer interested in the shop but Company A was not interested in transferring the lease from my name to his and so they lost a tenant at TWO of their centres because he had just received a contract for a space in another centre. I could've come out on top pending the legal stuff now but since I now have lost several hundred thousand rands (from not being able to sell the shop). I am now sitting at home looking for work and have now lost the money I have invested in the shop.

In fact 'Company A' told me that if I pay the next 6 months rent they will drop their case against me. I told them that I will see them in court because I will not pay a single cent to them for something I did not agree to because the are still adamant that I signed the 10 year lease.

By the way all the company's mentioned here are big companies especially 'Company A' where they have got a big presence in Europe (the company originates from Greece if I remember) whereas the other 2 are local if I remember correctly.

Now I have got to start looking for work again and I will persevere and if 'Company A' decides to take me to court (which they have threatened) I will go and fight because why should I pay for something that I didn't agree to.

[Toxxyc]

Dude. That sucks. I seriously hope the best to you. Keep us updated on the course of things! You know of course forgery is fraud and "Company A" and "Company B" is looking at actual, serious time for what they did, right?

Also, ProTip: Always keep a copy of your contract for yourself. Signing and giving away is a very, very stupid thing to do. Copies, man, copies. Unlike the products you sell, contracts must be copied.

[ioiiooio]

Surely if you can tell the signature is forged then it shouldnt be difficult for a professional to confirm its a fake. And if the date is during a time when you were overseas then surely you can prove that it would be impossible for you to sign it. Are there any witness signatures on the contract? I'm pretty sure for a contract to be legally binding it has to have witness signatures - and those witnesses have to be willing to testify in court. I would personally say it sounds to me like they haven't got a leg to stand on and you should probably sue for losses and lawyers fees and press charges for fraud.

I'm not a lawyer though; so I could be wrong.

[brazed]

Contact Carte Blanche

[ioiiooio]

^ Now there's an idea actually. Try the press. If the press bite it could turn into a **** storm they'll want to see the end of.

But ya, I would definitely look to sue for losses if possible. It sounds like you've lost a hell of a lot and those losses can be directly attributed to their illegal actions.

[Legion]

Wow.. that really sucks. =/
You should try to sue.
But anything in writing is a difficult issue.

[Grimnebulin]

If you can prove that you were not in the country on the date the lease was signed, the contract can be declared void. Same if you can prove beyond a reasonable doubt that it was forged. It'll be easier to use the date as your point of attack, but you should also demand that they provide you with the original agreement, which may make the forgery even easier to prove.

Either way, get your lawyers to send them a friendly letter stating that you were out of the country and asking for the original. Don't look to threaten with legal action just yet, it's always better to avoid having to appear in court. If they don't fold, then you'll need to consult with your lawyers. If the forgery can be proven, you may even be able to prosecute them for fraud, but you don't want to be in a scenario where you legal fees mount up and the court don't come back with a guilty verdict. Prosecution on the basis of fraud can be a lengthy and protracted road; by the nature of our business, we have at least a dozen cases of fraud going through various parts of the legal system, many which should be cut and dry affairs that are going on 5 years now. It's understandable to desire compensation when you are the victim, the reality is unfortunately far harsher.

But consult your lawyers first and foremost.

[Toxxyc]

<stuff>

Your general knowledge never ceases to amaze me. Honestly.

But yes, he's got an awesome point. Also, what Kharrak said. Something as simple as a letter to Beeld proves a lot more successful than you may think. I remember writing a letter to Beeld once about incorrect billing from some ****ty ISP Incredible Connection used to their dismay, and the response I got was overwhelming. Within 24 hours everything was sorted out, they know what they're doing.

Also, if they turn hardegat on you, smear their name as black as you possibly can. I do it if I'm really ****ed off, like I was with Branded Internet. Facebook, HelloPeter, Beeld, emails and notes everywhere seriously fired them up, and without a foot to stand on as I document EVERYTHING happening in a troubled case, and I had a solid argument all the time.

[BattleMoose]

Hope everything turns out well, its a **** story. Let us know how things turn out!