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MIAMILAW1127
MIAMILAW1127, Attorney
Category: Landlord-Tenant
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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I was late on my rent 10 months i made an agreement with the

Customer Question

i was late on my rent 10 months i made an agreement with the landlord verbally to allow me to pay the rent for 3 months and then after 3 months start paying on the old owed rent - on the third month i was to pay on Friday but planned to pay Monday. On Sunday the landlord locked me out and now wants to take all of the items in the restaurant as collateral.
can he do that? what i owe is less than the items in the restaurant..
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. My name is***** and I am going to assist you with your question.

Customer: replied 1 year ago.
hello
Customer: replied 1 year ago.
are you there?
Expert:  MIAMILAW1127 replied 1 year ago.

When a tenant is in default, the landlord is not permitted to perform was is known as a "self-help eviction." This is where the landlord foregoes the legal process and commits an act like changing the locks to evict the tenant.

Furthermore, he cannot keep all the items in the restaurant as collateral.

Expert:  MIAMILAW1127 replied 1 year ago.

He would need to evict you properly and sue you for nonpayment of rent. That is his only other remedy aside from reaching an out-of-court settlement with you.

Customer: replied 1 year ago.
even if there is a clause in the rental agreement that states LANDLORD'S LIEN AND SECURITY INTEREST: To secure Tenant's performance under this lease,
Tenant grants to Landlord a lien and security interest against all of Tenant's nonexempt personal property
that is in the leased premises or on the Property. This lease is a security agreement for the purposes of the
Uniform Commercial Code. Landlord may file a financing statement to perfect Landlord’s security interest
under the Uniform Commercial Code
Expert:  MIAMILAW1127 replied 1 year ago.

If that language is in the contract then he can place a lien on the nonexempt personal property, but he cannot simply hold that property "hostage." He would need to go through the proper legal channels to place a lien on that property.

He cannot simply deprive you of it.

Customer: replied 1 year ago.
are there any lawyers for these type of cases that you only pay if you win the case?
Expert:  MIAMILAW1127 replied 1 year ago.

You may be able to find an attorney that would be willing to take the case on a contingency fee. Typically, however, most attorneys will only take this case if they are paid upfront or hourly.

Customer: replied 1 year ago.
ok thanks i appreciate your help
Expert:  MIAMILAW1127 replied 1 year ago.

Please rate my answer at your earliest convenience.

Expert:  MIAMILAW1127 replied 1 year ago.

You are very welcome. It was my pleasure to assist you.

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