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Do Commercial Tenants Really Have Rights? DAVID VS. GOLIATH

Screenshot 2021 06 16 at 08.02.06

If you are thinking of, or currently lease a property for business then this is something you don’t want to miss. Why it’s important to have legal representation and why it’s important to have a personal as well as business relationship with your landlord.

We take you down to Tampa, FL during the height of the pandemic. As we all know Central Florida was one of the rare places that were wide open during the pandemic and nightlife was booming. Bars were packed and venues that had outdoor seating were granted 100% capacity. Well, Just before its closing there was only one place in the entire world that was full to the brink “NIGHTLY!” And that’s “QVESOIR” Qvesoir was so full they used the parking lot across the street just to make a line. However, like many great super clubs, its life span was short.

July 4th 2020 – Feb. 6th 2021 not even a full year. But check out the acts that performed there –

Lil baby

Lil durk

Kodak Black

City Girls

Tory Lanez

Sisqo

Nina Kayy

Richelle Ryan

Jadakiss

Dave East

Max-Vangeli

Blondish

Nastia

John Summit

And this is all in a matter of months! Bringing this much talent through the door you would expect some trouble with the crowd especially considering it’s covid-19 days. Well, no one caught covid and there was never an act of violence reported. EVER! It was a celebrity hot spot!

DO COMMERCIAL TENANTS REALLY HAVE RIGHTS? DAVID VS. GOLIATH
DO COMMERCIAL TENANTS REALLY HAVE RIGHTS? DAVID VS. GOLIATH
DO COMMERCIAL TENANTS REALLY HAVE RIGHTS? DAVID VS. GOLIATH

Now on to the big bang, the landlord “Darryl Shaw” is known as the towns commander in chief. He has an estimated net worth of $200 million USD. He owns the Tampa Bay Times, he owns 76 hospitals for pets in 24 states, he’s a minority owner of the Tampa Bay Rays “MLB”, part-owner of Hotel Haya & building a new hotel near USF. Shaw owns an estimated 2million square feet of real estate and is super connected in the city as well as the state of Florida.

So when he hears there is trouble in the neighborhood, oh you better believe as a tenant “YOU HAVE NO RIGHTS!”

The other tenants in the neighborhood hated Qvesoir, well here’s why; first the owner of the club is a major playboy, a trust kid who throws money as quickly as he throws a fit, dresses like a rap-star and always has a possy of playmate like women around him (Lucky Geneva) His partner another one who comes from a great deal of wealth, married into a pot of gold yet comes from a successful real estate family herself. You gotta remember guys this is Tampa! Not Miami.

It is estimated that it cost over 1 million USD to renovate Qvesoir. No one in Tampa is pouring that kind of money into a nightclub. That’s some Miami, Las Vegas kind of speed. So when the town found out that there is this Las Vegas-style club they went bonkers. Neighbors were complaining before the club even opened its doors. And just like local business owners predicted, once Qvesoir opened many saw their business decline, and locals that lived in the area called for a change as too many 20 years old’s were coming in.

So how did they get Lucky to leave?

Lucky did not have an active LLC when he signed the lease. He used a friend’s LLC as a temporary placement while he established an LLC, which we investigated was agreed upon by himself and ownership. His friend a Latin woman whom we investigated is using her LLC to help with her citizenship, was under the impression that her LLC would only be used for a few weeks. Once Lucky’s LLC came in the mail he asked Darry and his team to replace the old LLC with his current one just filed.

Lucky instructed the landlord group and Darryl’s business partner “Bookie Buchman” to change over the LLC entity but the group never did.

So when sitting around thinking of how to get the community back on your side, what better way than to call someone a fraud after taking rent from them for 2 years, a 30K security deposit and approving all Lucky’s upgrades to the property.

Yes Tenants, when you make an improvement to a property or do any serious construction, you must by law have it approved by the landlord or the landlord can possibly reverse all your renovations. So Lucky went to Darryl in regards to every renovation added to the property 1920 E. 7th Ave Tampa Fl 33605. And omg was there a lot! The place was vacant for 6 years prior. Now if that’s not a bang, here’s a bigger one. The property was 2 levels, now all you future tenants opening up a 2 or 3 level venue, you must know that you must be “ADA” compliant. Meaning you must have an elevator, ramp or lift. Lucky did not want to take the property if he could not use the 2 floors. So Darryl said, I’ll front you the money for the elevator.

Yes I’ll give you extra money to help with your business if you will be my tenant.

Darryl said I’ll pay for the elevator if you pay me back during the tenure of your lease. Lucky’s rent was 7500.00 with cam and taxes it came to 11K a month, yet Darryl paid 120K for the elevator. Darryl said pay me an extra 2k a month for 5 years and I’ll pay for the elevator. This brought Lucky’s payments to 13K a month. The elevator took 9 months to install. The kind & warm Darryl said you don’t have to pay rent until the elevator is ready for use. So considering Lucky signed the lease in September 2019, he didn’t pay rent until July 2020 on behalf of the graciousness of Darryl Shaw.

So it would appear the 2 were friends. They’re making deals, Darryl is letting them develop rent free, all is good.

But when the club gets out of control crowds, complaining neighbors, police having to get involved, Darry has to find a way to stay commander in chief.

“Lucky is operating with a lease that has an LLC that’s not managed by him. Let’s get him out”

Today as of this very second, a judge has to decide was Lucky’s dooping the commander in chief of Tampa, a superrich, super connected, super brilliant international businessman or is this truly a case of one man power. An upset powerful businessman, struggling with the relationship of his other tenants, struggling with the community board, struggling with local police, struggling with local residences. Darryl was under the impression that Lucky was going to open a more lounge type atmosphere that locals could enjoy, however Lucky was not operating under the complete understanding of which was described to Darryl.

What’s too take away from this…

If you plan to create a monopoly, ya know be a super successful venue with a brick-n-morter property, you must become a staple in the neighborhood, give back to the community, get politically involved and always make sure your landlord is in favor of your business practices, no matter what’s written in ink!

You are never in control when you are a tenant.

“The importance of ownership”

I know you’ve heard this from friends, movies, songs, conferences and it is so true!  Godspeed my future and fellow entrepreneurs

“Without music, life would be a mistake.” – Friedrich Nietzsche