Jeff Cavanaugh wrote:That the owner of the restaraunt would sign a lease and then not keep a copy of the document for his records boggles my mind. Regardless of whether he's in the wrong or right in this dispute, he's either massively incompetent at keeping proper business records or lying about having a lease.
Jeff, your assumption here points at the restaurant owner as being the incompetent one. What if the incompetence fell on the landlord? What if the landlord negotiated and agreed to a lease, 'forgot to sign it' and put it in his files, and then went on to accept rent payments for months until he wanted to move the tenant out unjustly? OMG-I know I've been accepting rent for months but I never signed this so it shouldn't be valid!
There will certainly be a lot of speculation around this matter, and I am sure sides will be taken. I have read those 400 pages of court docs and depositions and will tell you this was not a situation of a seasoned chef/restaurateur, with a professional track record of excellence and 9 successful restaurants, not keeping a copy of the lease.
If you hear the train whistle blowing, there may be a railroad nearby.......