executed copy of Petitioner's Exhibit "3", the lease in question, was in November 2012.
He believed it was around Thanksgiving. Apparently, according to his testimony and
communications between him and Jodi Brenner, the witness stated that the document had
been retained by the offices of the attorneys that set up the real estate trust and prepared
the lease.
The attorney, not the witness, directed this court's attention to the fact that
Fred Brenner is now seeking to collect late fees, fixed rent and interest in this
non-payment proceeding during the time period in which Fred Brenner was the tenant in
occupancy of the subject premises. The attorney made clear that not only is he the
landlord in this case, but he was operating General Plumbing as it President until 2008,
and therefore, also the tenant. (Brenner-direct-Schewe, p.78, lines 21-25). The attorney
was also quite clear in his statements on the record on p.78, lines 4-14 that Fred Brenner
is essentially asking for late fees for what he did not pay when he was the prime tenant.
The Respondent argues that Fred Brenner had the opportunity to pay the CPI increases
and did not pay them for 11 years, but now wants his son, Irwin Brenner, "who is in this
predicament for late fees and interest on payments he did not make, "hahaha", to pay for
his neglect. Notwithstanding the fact that the answer did not contain the equitable
arguments made by the attorney, he states that the Respondent seeks to have this court
deem these facts and circumstances unjust and improper.
The witness further testified that he and his father did not have an on-going
relationship for many years and at one point, his father approached him about getting
involved in the plumbing business. He testified that Fred Brenner was, in fact, running