How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JBaxLaw Your Own Question
JBaxLaw, Attorney
Category: Business Law
Satisfied Customers: 11331
Experience:  Experienced in business formation and licensing issues
Type Your Business Law Question Here...
JBaxLaw is online now
A new question is answered every 9 seconds

How do we defend ourselves against the self help actions

Resolved Question:

How do we defend ourselves against the "self help" actions of a property manager ?

We have a 5 year lease on premises in Norwalk, CT. We closed our doors on 12/31/09 and still owe some rent.

We did find a potential new tenant for the property and, verbally, agreed to let him use our assets in order to see if he could build a business there. We agreed to a 90 day trial period and the landlord's manager offered the potential tenant a very substantial break on the rent for the period.

Now the new tenant refuses to pay for our assets. The landlord's agent has threatened to confiscate them and to sue us. At no time has the landlord taken any sort of eviction proceedings to court. It is also very clear that the agent has given considerable detail about our debt to the new tenant.
Submitted: 6 years ago.
Category: Business Law
Expert:  JBaxLaw replied 6 years ago.
Are rent payments delinquent?

Thank you
Customer: replied 6 years ago.
Yes, we owe $ 8700 which is a little less than 2 months of rent. Ther landlord is holding a sercurity deposit of $ 5900.
Expert:  JBaxLaw replied 6 years ago.
It appears that you have two concerns. That being the landlord and the tenant each claiming the property. The first issue will be determining value of the property being held. You can file a civil suit if the value of the property greatly exceeds the amount owed here. Your recourse would be a civil suit seeking the release of the property and potentially damages. A commercial tenant is not subject to the same protections of a residential tenant and landlords are generally permitted self help in many situations that arise. The self help action of the landlord appear permissible so long as the value of the property held is equitable. If it is not equitable, then you do have civil recourse.

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
JBaxLaw and 3 other Business Law Specialists are ready to help you

Related Business Law Questions