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Posted by Dave on February 20, 2001 at 22:01:10:

In Reply to: Re: Illegal Residential Lease in Commercial Loft posted by loft tenant on February 20, 2001 at 19:43:49:

>You state that the loft was advertised "work/live", but you don't state what your lease says about "residential use". It sounds (based upon your listing of additional monthly charges) that you probably have a fairly standard commercial loft lease (the lease might even state that residential use is not allowed.

It does.

>possibly you and the landlord did the "wink wink" to get around that one when you signed the lease -- that is what everyone did in SoHo, Flatiron, Tribeca, etc. 20 + years ago).

That is EXACTLY what was done.

>To move out? (Possibly not such a big problem if you play the legal card with the owner, but don't count on getting that security desposit back.)

I wouldnt play the legal card unless he turns into a jerk. He can probably get more rent for the place if I leave, and will probably be happy I'm brealking the lease.

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Comments:
: >You state that the loft was advertised "work/live", but you don't state what your lease says about "residential use".  It sounds (based upon your listing of additional monthly charges) that you probably have a fairly standard commercial loft lease (the lease might even state that residential use is not allowed.

: It does. 

: >possibly you and the landlord did the "wink wink" to get around that one when you signed the lease -- that is what everyone did in SoHo, Flatiron, Tribeca, etc. 20 + years ago). 

: That is EXACTLY what was done.
:  
: >To move out? (Possibly not such a big problem if you play the legal card with the owner, but don't count on getting that security desposit back.)  

: I wouldnt play the legal card unless he turns into a jerk.  He can probably get more rent for the place if I leave, and will probably be happy I'm brealking the lease.


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