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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10238
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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My landlords son has put several decorative items in my coffee

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My landlord's son has put several decorative items in my coffee shop, completely unsolicited by me. I don't like any of them, and have asked him to remove them. One of them, a vase, has been broken by one of my customers. Am I liable for that damage?

Attorney William B. :

Dear Customer, I am sorry to learn of this intrusion into your rented space. The landlord does not have a right to place items in your space without your permission, you have rented the space and hold a leashold on the property. Unless the lease has language that permits the landlord to decorate or otherwise enter the property he has no right to enter absent proper notice, and is trespassing if he or his agents does so.

Attorney William B. :

Unless the vase or other property was part of the rental property upon you taking possession of the property, you have no responsibility for ensuring it is returned in the same condition, the landlord or his son has placed the property in your space at his own risk of loss and bears that risk based upon his trespass and consent to placing the product in your store with knowledge of the risk of damage or loss.

Attorney William B. :

I understand that there is a difference between the above legal rights and the threat of action by the landlord and the son, and I wish you the best of luck with this matter. I truly hope that the above explanation is helpful. If I can be of any further assistance, or if my explanation was unclear, or if I missed or misunderstood anything (this can happen in this type of forum), please let me know and I will follow up promptly. I do want to ensure that I fully answered your question.

Attorney William B. :

I hope that the above information is helpful, if you have any questions, please use the “Reply to Expert Link” and I will follow up promptly. Once you are satisfied with your answer, please rate my service by clicking on the “OK” “GOOD” or “EXCELLENT” buttons, if you believe my service is anything less than “OK” please stop and tell me what additional information or clarification you need to make your experience satisfactory. Thank you very much for using our service, and thank you for your time.

Attorney William B. :

I am still here if you have any questions.

Customer:

Great info. I feel better. I understand you can't guarantee me the outcome of a lawsuit, but am I safe in assuming that should the landlord's son decide to sue me for the value of his vase, I have a good chance of prevailing?

Attorney William B. :

With the caveat I provided above, and the reiteration of the limitations of this forum (I don't know everything you know, and cannot give you a complete legal opinion), you have no liability as a tenant for items placed in your space that were not included in your lease.

Customer:

Many, many thanks!

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