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25 Replies Last post: May 6, 2009 2:28 AM by redhottech

Behind on Commercial Lease/Locked out with no notice

Oct 1, 2008 1:52 PM

Click to view jpsauto414's profile Start-up jpsauto414 2 posts since
Sep 26, 2008
Hi my husband and I own an auto repair shop, we were on a self renewing lease with no expiration date. We fell behind on our lease becuase of personal problems, the landlord was sort of a personal friend, constantly up there and refused payments several times, saying it will be ok, then in late July we started discussing splitting the profits on the vehicles. We even put a new transmission in his personal vehicle at no charge from late July through August 12 while we waited on the parts. On August 29th he showed up at our personal home with the local police chief and a copy of the lease section on eviction process(it says 30 days notice no court process needed.) He also had a copy of aletter backdated to July 1, which I can assure you we never received. He stated the locks were changed and we'd be arrested if we entered the building. He was keeping everything in the building. He filed an emergency eviction on Sept. 2, 2008 (which the judge didn't sign) only the clerk copy. My husband has several thousands of dollars in tools and equipment in this building, along with 3 personal vehicles and alll of our personal papers in file cabinets/safe. We are finally able to go in front of judge Oct. 6 (the local judge left for a month and all we had was a temp judge.) If anyone knows of any legal leg we can stand on please help, we have an attorney but he specializes in bankruptcy and is unsure on commercial. Everyone says no he can't do that, but then well it is commercial so..... Please help, we have been thrown out basically penniless, everything we have was invested in this business.
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Click to view LUCKIEST's profile SCORE LUCKIEST 7,933 posts since
Aug 6, 2007
1. Re: Behind on Commercial Lease/Locked out with no notice Oct 1, 2008 2:38 PM
in response to: jpsauto414
Locked out with no notice, Welcome

You NEED a BETTER Lawyer. Find one
Click to view DomainDiva's profile Mogul DomainDiva 1,731 posts since
Oct 10, 2007
2. Re: Behind on Commercial Lease/Locked out with no notice Oct 1, 2008 2:48 PM
in response to: jpsauto414
Your first clue that something was amiss was when he started refusing payments. No one in their right mind would refuse payment on debts.

Do you have any documentation other than your side of the story? You need some relly good legal help right now.
Click to view jpsauto414's profile Start-up jpsauto414 2 posts since
Sep 26, 2008
3. Re: Behind on Commercial Lease/Locked out with no notice Oct 2, 2008 12:49 PM
in response to: jpsauto414
Unfortunately we can't afford an attorney, this one is pro bono, because he believes we were strong armed. All of our documentation is in that building, although we have been gathering some receipts for tools from our Snap-On Dealer, who the landlord contacted. He also turned off the utilities that were in our name, and put a letter in the mailbox telling the maillady to quit delivering mail, the same day he locked us out. They say lives best lessons hurt the most, boy were they right! Thanks!

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