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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 26811
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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I need an attorney in Albuquerque NM to answer my question

Customer Question

I need an attorney in Albuquerque NM to answer my question and I am willing to pay more. The landlord locked me out of my space yesterday for non payment of rent for my retail space, he did so after I started removing my merchandise. We are in a rent dispute as he has made verbal promises he never kept,.He also took out all mty remaining merchandinse from my space. My store is in an indoor marketplace at xxxxxxxxxxx NM 87108 The landlord did not have a court order to lock me ouit or remove my items, he says that his lease is written like a lease for a storage unit rental and that allows him to seize my property without a court order I can be reached at xxxxxxxxxx. He also called the police and had me banned from the marketplace and the police told me if I come on the property I would be arrested. The owner is a 10 time convicted felon in California for check forgery and embezzlement over $1,000,000. Can he sieze my property withoiut a coiurt order can a lease be written as if we are renting storage space when we are doing retail sales 5 days a week. I want to file a motion to be able to enter the facility and get my items back and I also losing sales as he has over 15K of my autographed memorabilia not including unautographed jerseys\ xxxxxxxxxx
Submitted: 3 years ago.
Category: Business Law
Expert:  Dwayne B. replied 3 years ago.
I don't think there is an expert on here from New Mexico, but your question involves simple contract concepts. Do you want me to try and assist?
Customer: replied 3 years ago.
sure. The owner of the building says the lease he has all tenants sign to lease retail space is the same type of lease someone would sign when they rent storage space. He says due to that he can seize assets from the vendor or lock the vendor out of their retail space without a court order for non payment of rent,

The landlord made a littany of verbal promises to me when I moved into a larger rental space and never came thru. I subsequently stopped paying rent or following thu on other signed agreements for payment because he never gave me rent credit he promised nor provided a new lease agreement

he had all my merchandise moved out of my space this past Wed and then had me prevented from entering the premises by filing a trespassing order with the polce

What can I do to try and get my merchanise back including items I have on consginment from a friend that is autographed memorabilia, was it in his right to lock me out with out an order and can a indoor marketplace have you sign a lease under the pretext that it falls under self storage facility even though it is a retail venue open 5 days a week

What can I do thru the courts for an immediate order to get my items back and then let him take me to court for the disputed back rent
Expert:  Dwayne B. replied 3 years ago.
You can contract for almost anything you want, and the landlord could have drawn up a contract that allowed him to do as he has done. However, it doesn't mean a court will allow it to continue. The best thing to to it file for a "Turnover Order" requiring him to return the materials to you. I think the court is likely to do that, although a lot will depend on th exact wording of the contract. He can't fail to live up to his conditions, then enforce it against you. The most logical thing for you to do is file against him for breach of contract at the same time you ask for the Turnover Order. Alternatively you can plead that the contract is "void and against public policy".


You probably aren't going to want to hear this, but you would really be better off hiring a lawyer for this rather than doing it yourself because a Turnover Order is what is known as an extraordinary remedy and they are procedural nightmares. In addition, to try and bust the contract you have to make public policy argument that are difficult even for attorneys to make. You will want to find a lawyer who does civil litigation and you can find one at www.avvo.com.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.





Customer: replied 3 years ago.
Since this response from you the following has occured and I am in need of an emergency turnover order under extraordinary measures.

I agreed to pay the full amount owed and the amount I owe the landlord is $2500, this does not include he has not refunded me my buildout cost of $1800 and he is going to start paying back at 1/6 a month for 6 months. without my knowlegde or agreement he has been charging me $190 a month for storage fee of my items and also I am missing over
$10K in merchandise, the owner says i am just buying back my items and he was free to sell off items he never did an inventory of my items with me when he seized them. my actuall amount of merchandise i had at the time of the seizure was over $35K.

Not only is he doing this but I had 28 paintings i was selling at the markerplace with a retail value of over $18K. the owner decided with my agreement to use them for decorating his offfice area and the marketplace with the. He has informed me that they are now is property as nussance interest and that if I want them back then he will change the $190 storage fee to over $500 a month. the $190 storage fee is not in any lease agreement or was told to me at the time we agreed to the payment plan. I also finally got credit for my deposit but instead of it being credited 30 days after seizure I just got it in violation of NM law

With the money he owes me for buildout I do not see the need for my items to still be held I am losing money from any potential sales and he is strong arming me for all my paintings.

I am willing to pay more money to get help for an emergency order for turnover to include paintings as I have text messages from him an audio about what he is doing. I also can have the ex gm testify or talk to anyone saying she was present when the paintings were used for decoration of the facility.

it is also illegal to sell of any items with out a court or or notice of publicatioon and once we had the paymentt agreeement in place no merchandise couldd be sold or removed and the intereste payment plus the paintings for interest is essentially theft as well as he deciding to charge me more in storage fees if I want my paintings back

I am up against a deadline and need help. If you want to look up in the California Penal System is convictions so you can see the person he is his name isXXXXX he has not provide me proof of what my actual deposit was as his bookkeeeping is horrendous.

I hope you can guide me to how to file all the appropriate forms
Customer: replied 3 years ago.
If you can do this for me with the help I need for proper filing. emergency hearings or motion to get paintings released plus for filing a lawsuit i will compensate more then called for
Expert:  Dwayne B. replied 3 years ago.
I think this is probably beyond what we can do here on the site. Under your facts you need to hire a lawyer to help you file the proper paperwork. You have a good case and should be able to get not only your property back but extra damages as well including attorney's fees, but as I stated above this is going to be very complicated and there is no way that we can tell you what to do in specifics.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Customer: replied 3 years ago.
Relist: Answer quality.
Please send all the facts of this question and previous answers from this attorney to other attorneys for possible answers

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