In my last blog, I addressed the age-old face-off between neighborhood traditions and the legal
principal of property rights in the pending eviction of the fifty year old Gold Dust Lounge from its Union Square perch in San Francisco. But there is more to this story…
The tenants, two elderly brothers both in their advanced 80s, claim the landlord snuck
subtle changes into the termination clause in their annual lease renewal agreements. What started out to be a right to terminate with 18 months written notice if the building was slated for
demolition evolved into a 90 day notice to terminate the lease for any reason at all. The tenants, desperate for a case to sue the landlord over this apparent chicanery, are claiming “elder financial abuse”. They say the landlord induced them to sign the annual renewals assuring them that “nothing material had changed” [quote from Los Angeles Times reporting].
The tenants could have a case here, but if they were competent enough to operate their business successful from day to day, they were ostensibly competent enough to read and understand the short renewal document they signed each year. There is no better illustration of a tenant’s responsibility to know what is in their lease and understand the impact of each and every lease clause, or at least to utilize experienced resources like a good tenant rep broker to look out for their best interests.
Is there really any argument here?
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