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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Leonard
Submitted: 3 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 3 years ago.
I am very sorry, but we are strictly prohibited from having any contact outside of this forum. Thus, if you care to communicate we must do so in this forum and we would be happy to try to assist you with your situation.
Customer: replied 3 years ago.
Ok
Customer: replied 3 years ago.
Please close this question so I can ask it properly
Expert:  Law Educator, Esq. replied 3 years ago.
You can ask it right here if you like.
Customer: replied 3 years ago.
Status: Awaiting Expert Reply
Category: Business Law
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Asked by you on Friday, September 03, 2010 9:05 PM PDT
1 Accept / 5 Answered Questions
  
 
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
 
Optional Information:
State/Country relating to question: New Mexico

Already Tried:
Nothing yet, owner wants to meet with me tomorrow at his home

  
 
  
 

  
 
Your Expert needs more information
From JD 1992
Saturday, September 04, 2010 10:42 AM PDT
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?
  
 
  
 
You replied
Saturday, September 04, 2010 10:57 AM PDT
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
  
 

  
 
You have received an Answer!
From JD 1992
Saturday, September 04, 2010 11:45 AM PDT
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.

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Customer: replied 3 years ago.
Second part


You replied
Thursday, January 06, 2011 10:00 PM PDT
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
  
 
  
 
You replied
Thursday, January 06, 2011 10:06 PM PDT
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
  
 

  
 
You have received an Answer!
Expert:  Law Educator, Esq. replied 3 years ago.
He was not free to sell off your items except to sell them off to pay off the delinquent rent you owed and any storage fees. Thus, anything he sold needs to be deducted from what you owed. The problem you have is you have waited four months to take action and no court now will give you an "emergency" order to release the property. The time to have sought the "emergency" order was when it first happened. Now you need to go to court and file suit for "Replevin" which is the return of your property and for the value of the property that is missing. Anything he sold once you agreed to a settlement and repayment plan you can seek to recover from him in damages as well. As your previous expert told you, this means you have to hire a local attorney and file suit and you cannot drag your feet any longer because if you do the court will say that your failure to take immediate action was ground to sell off more property to pay storage.


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Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 85986
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 4 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
Relist: Other.
answer did not give me specifics for what type of filings to do did vendor violate my rights by charging me ungreed to storage fees and then saying he is keeping all my paintings also as storage fees or if I want them back he will change my storage fee to $500 a month from the $190
Also about getting an emergency order to turn over all merchandise due to him selling my merchandise off while i was makiong payments

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