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Legal Advice ??????

T

The_Fat_Boy

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So we closed it down and the landlord knew it was coming gave notice didn’t have a lease she was a friend and helped us out over the past year with some finances. we didn’t have any papers signed on payback but I had been making the monthly bank note payment without any problem. so after we close she takes it upon herself to change locks and say she is locking down my euipment and going to sell it.

I have to sell this stuff to settle up with IRS and State tax agency she has no idea the value or who to try and contact to get to by this stuff.

I don’t think she can legally sell or hold my property, my rent was paid up and at close we were on good terms with everything

any advice on what to do

Thanks
Dennis
 
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Dennis,

First off, good luck to you.

I’m not an attorney. My experience says you should have moved that property BEFORE you vacated the building. Despite the fact that there may or may not have been a NOTE, she obviously feels that you owe her and has secured what was left in her building as payment. From what I know, that’s pretty typical landlord behavior for debt recovery. At this point, you can either pay her cash for what she is due, or hire an attorney and sue her. In court, you’ll still have to defend your debt to her, and that may prove difficult. Believe me, she has kept track of what was owed to her.
 
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Does she have a court order to change the locks?..If not, maybe you could call the sheriff, rent a truck, bust the door down and remove your contents…I had a landlord change the locks on me many years ago and the police just watched as I broke the door down and removed my contents…And when the landlord got cranky they hauled her away and threatened to charge her with assault…

PS…Before doing this you might want to get some legal advice…Not sure if it would apply in your jurisdiction…

PPS…I made sure the landlord was there when it was “showtime”…
 
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Royster, he’s got no lease and hasn’t had one for some time. He’s been there because of her goodwill which has since been revoked.

At least, thats how I read it…
 
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She helped you out with some finances but you’ve been making the monthly note payment? What does that mean?

Did she get a loan for you?

It sounds like she wants that equipment as collateral.

If you didn’t have anything in writing, then she can’t do it, legally. Just have a locksmith change the locks again, remove your equipment and be done with it.

But then again, there are many details that we don’t know - so it’s hard to give any advice. If you were going to pay the IRS by selling it, have them put a lien on it and post it - she won’t be able to sell anything.
 
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Just have a locksmith change the locks again, remove your equipment and be done with it.
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RG, stand aside, I’m changing your lock tonight to remove “my” stuff. I wonder how far thats going to get me?

Royster, she doesn’t need a court order, she’s got one, its called a ‘deed’.

Once, a situation boils down to this, it’ll have to go to court. I can see why she took possession, he can’t even pay taxes. While the business was in operation is one thing, perhaps that was part of the ‘verbal’ agreement??? Who knows. I think she’s right in taking possession. Its her property and she’s OWED.
 
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So you are saying if the rent is paid a landlord still has the right to come in and change the locks?..
 
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He closed the business with notice. Afterwards, he has no rights to be on the premise.

For example, you pay your rent and give notice you will be out on the 1st. Ahhh, without prior arrangement, do not expect to walk in on the 2nd. The locks will be changed.
 
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Find an attorney. In nearly all states, there is due process for seizure of assets and sales of same. There are also laws regarding month to month occupancy of real estate being leased. They are being bullies and hoping you roll over. Happens all the time in my town.

Without a legally executed document giving a landlord right to seize said property, they will very likely be required to go through the courts for leave to do so. You may be able to call the local magistrate court . . . whoever does evictions . . . and see if there is a person who gives general information about what the law says.

BTW, does the bank have your equipment listed as collateral for a loan? If they do, I would bet the have a recorded UCC at the clerk’s office giving them 1st priority to those assets. Get an attorney to give you a 30-60 minutes consultation to let you know where you stand. Might even be amusing to send the landlord a 10 demand letter requiring them to give you free access to your goods within 10 days . . . then file a complaint with the police for theft or some such.
 
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pizza2007:
Just have a locksmith change the locks again, remove your equipment and be done with it.
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RG, stand aside, I’m changing your lock tonight to remove “my” stuff. I wonder how far thats going to get me?

Royster, she doesn’t need a court order, she’s got one, its called a ‘deed’.

Once, a situation boils down to this, it’ll have to go to court. I can see why she took possession, he can’t even pay taxes. While the business was in operation is one thing, perhaps that was part of the ‘verbal’ agreement??? Who knows. I think she’s right in taking possession. Its her property and she’s OWED.
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Well, there is “right” and there is “legal”. We don’t really know enough of the details to say she has the right to take possession of the equipment.

I can only assume that he would have taken the equipment out immediately if there was any threat of this happening.

Then again, I guess this is the sort of commentary and advice you get when you post a thread titled “Legal Advice” on a pizza board. 😛
 
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As far as I know, nobody on the forum is qualified to give legal advice and legal advice is what you need.

Here is some practical advice:
  1. Call your attorney.
  2. You do not want this to go to court. It will cost more than the equipment is worth.
  3. You do want the LL to refrain from disposing of the equipment so tell her you are working with your attorney to determine your rights and obligations under the laws in your state and it might be in both of your interests to resolve this without expensive legal fees.
 
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I’m sorry you are going through this - it’s a rough economy.

Nick’s advice is as close to the legal aspect you can get without an attorney. There are legal forums online for each state which might lead you in the direction if you cannot afford the fees an attorney will charge.

In my state, what you outline is an illegal eviction if I understand correctly. You did not vacate, you closed and your rent is paid to date. If you can prove any “right” to the property which I believe you can do with your business transactions and records, you can legally get a locksmith there and reenter your space. Every state is different and I would visit the Clerk of Court that handles landlord/tenant issues. You might get the help you need in filing a Motion accordingly for immediate relief. For example, if this was happening to to me, I would file an Emergency Motion for relief without the other party (it is allowed), prove my right to the property and obtain an Order prohibiting the LL until a hearing.

THIS IS STRICTLY AN OPINION and good luck.

PD
 
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I’m very curious how you made out with this situation. Please post if you have a moment.

PD
 
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Have involved the Bank they do have a lien against the property and they are assisting in getting it they want me to put it their storage area and i can sell it all i want as long as the bank gets their money 1st

which is great for me

thanks for all your help
 
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