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JBaxLaw
JBaxLaw, Attorney
Category: Business Law
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Experience:  Experienced in business formation and licensing issues
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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: 4 years ago.
Category: Business Law
Expert:  JBaxLaw replied 4 years ago.
Are rent payments delinquent?

Thank you
Customer: replied 4 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 4 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

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JBaxLaw, Attorney
Category: Business Law
Satisfied Customers: 11313
Experience: Experienced in business formation and licensing issues
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