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    3 Replies Latest reply on Oct 2, 2008 12:49 PM by jpsauto414

    Behind on Commercial Lease/Locked out with no notice

    jpsauto414 Newbie
      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.