Property Lease Dispute Resolution

Summary

You may have claims for promissory estoppel, unjust enrichment, and breach of good faith in your Arizona property lease dispute. Gather all relevant communications and financial documentation to support your case. Consider consulting a local attorney for specific legal guidance and to initiate these claims.

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This is for Arizona
Thank you for the clarification. Here are some relevant points for your situation in Arizona:
- **Unjust Enrichment:** Arizona law allows property owners to claim unjust enrichment if another party benefits from their property without proper compensation.
- **Breach of Contract:** If there was any written agreement or promise, even an MOU, it could be considered a breach if not honored.
- **Eviction:** You can initiate eviction proceedings if there's no formal lease and they are not paying rent.
Would you like guidance on the eviction process in Arizona?
They don't occupy the property but don't want us to take it off the market but they won't sign a deal...and its now been 18 months with debt service costing an average of $50K per month
Thank you for the information. Since this is a property in Arizona, you may need specific legal guidance from a local attorney. Here are a few general points to consider:
- **Unjust Enrichment:** If the startup has benefited without a formal agreement, you might have a claim for unjust enrichment.
- **Breach of Contract:** Even an MOU may constitute a breach if any terms were agreed upon but not honored.
- **Eviction:** Since they aren't occupying the property, formal eviction may not be applicable, but you could pursue other legal actions to recoup your losses.
Would you like further guidance on any of these points?
More info on a non-binding MOU that was revoked, in light of promotion via press release that they are indeed intending to use the property
A non-binding MOU (Memorandum of Understanding) generally outlines the intentions of the parties without creating enforceable obligations. However, the actions surrounding it can have implications:
- **Good Faith Negotiations:** Even if non-binding, parties are expected to negotiate in good faith.
- **Promissory Estoppel:** If you've relied on their representations to your detriment, you might have a claim.
- **Revocation:** Once revoked, neither party is typically bound by the MOU.
Would you like to pursue legal action, or need more specific guidance on potential claims?
yes to more specific guidance on potential claims
Certainly, here are some potential claims you might consider based on your situation:
- **Promissory Estoppel:** You may claim that you relied on the startup’s promises and representations to your detriment, incurring substantial costs (e.g., $50K per month in debt service).
- **Unjust Enrichment:** The startup has benefited from using your property and issuing press releases without formal agreement, possibly creating an obligation to compensate you.
- **Breach of Good Faith and Fair Dealing:** Even with a non-binding MOU, the startup may be required to negotiate in good faith. Their prolonged delays and excuses could be seen as a breach of this duty.
Would you like to explore how to initiate any of these claims?
yes
Given your situation, here are steps you could consider to initiate the claims:
- **Promissory Estoppel:** Gather all communications (emails, press releases) showing their promises and your reliance on them. Document your financial losses (e.g., $50K per month in debt service).
- **Unjust Enrichment:** Show evidence of how the startup benefited from your property and the press releases they issued.
- **Breach of Good Faith and Fair Dealing:** Collect any documents or communications indicating bad faith in their negotiations.
Would you like assistance finding a local attorney to help pursue these claims?