Salon/Retail store owner

[Debra Deutsch]

I signed a commercial lease for one year, auto renewal after one year, but could leave lease with notice after each year is complete. I jumped through all municipal hoops, and waited for my occupancy permit. I go to borough Hall after not hearing from them. I find out that I have to pay to rezone property to "Commercial For Profit". It was a Catholic Credit Union prior to me, then went vacant for years. The property was zoned as a non profit. The  landlord advertised it as a commercial rental, could be used as office or retail. There was never a mention to it's zoning status.  When I approached landlord to take care of this, he stated that he personally didn't need it changed, I did. He said it was my financial situation, not his. I already had checks, signage, business advertising, business cards ordered and arriving, I was thigh high deep in this investment. I already laid down commercial flooring, painted, plumbing, EVERYTHING was done, I was just waiting to start . I had to pay to rezone, which isn't fair, but I did it. I had him redo the lease to include all snow, and ice removal of the sidewalks or I wasn't signing the lease. He agreed. HE NEVER SHOWED UP, making excuses that the people he contracted were sick, on vacation, etc. I also have No access to my electric panel, I needed to rely on a residential tenant from attached apartment to let me in basement to hit a breaker or add a circuit. I also found out there were circuits within that residential unit that were on MY ELECTRIC PANEL. 

I reluctantly renewed another year after landlord promised through phone conversation or in person that he would correct the things that were connected to my panel and he would hire someone to take care of snow removal. NOTHING CHANGED! . There was also a heating issue. My salon had the only thermostat in the entire building. So if there was an issue with their temperature, on my closed days, guess who drive 45 minutes to adjust the heat? Yup, me! 

So in Fall, I started questioning him about snow removal, and my other long term concerns,  he States that I'm not a priority, and I would have to figure it out myself. When I wrote my next rent check, I notified him that I was giving him  my notice that I was leaving in a month. He said I should reconsider because it would be difficult for him to find a renter in the Winter. I told him I would advertise the rental, asked him how much he would like me to advertise the rental for, and ended the call. I found another rental, moved my things out, filled every nail hole, cleaned the place top to bottom, and left every upgrade there that I paid for. I asked him to join me multiple times to do a final walk through prior to me leaving the key behind.  He asked me to lock the door and leave the key in the mail slot. I took pictures of every room and did what he asked. 

I haven't received my security deposit.its almost 30 days.  I texted him and reminded him that I was expecting my deposit back. He said it wasn't happening because I broke the lease terms and left early. I have him admitting he broke the terms of lease by never showing up in over two years to do any snow removal, never gave me access to my panel box, and I BROKE THE TERMS?  No, I exhausted every ounce of trust and confidence, and I should have left a long time before I did.  How am I supposed to run a hair salon and retail store if my lights are going out, and my outlets aren't working? I can't do it through extension cords! I was forced to drive 45 minutes on my days off to shovel snow, scrap ice. Businesses are not allowed to open their doors and operate if their sidewalks aren't cleared. I had a corner lot near a daycare and Church. If someone hurt themselves I would've been liable in the long run. He knew from the very beginning that I could not commit to that rental without snow and ice removal.  Am I in the right here? Since I gave him notice, his girlfriend who is a realtor, was in my rental while I was paying rent, actively open for business. It happened on my day off, Salon was closed. She was there without me being present to take pictures to show the property, etc. I found out after the fact when she accidentally left her card on my reception desk. How is that legal? She was inches from a loaded cash register and all client files. Ugh