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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I am in the verge of bankruptsy. Dont want to lose

Customer Question

I am in the verge of bankruptsy. Dont want to lose everything. I just signed a renewed lease for december 1st and my business got really slow - meaning no income till march and cannot pay my next month's rent. I do strictly flowers for weddings and events. if I say something she will lock me out and any future committments I have will be lost cause I will not have my materials and equipment. Can I move all my stuff out of the premises while my rent is paid and then try to work something out with landlord. Can she stop me from emptying premises. I am not a thief in the night and I feel so bad but I am almost broke and cannot chance losing all my stuff, or should I tell her I am moving out cause I cant pay can she stop me?. i don't know what to do?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Review your lease carefully.

Unless your lease gives your landlord a lien against your personal property (meaning the loose items in the store, not your personal possessions), you can remove them (the landlord does not have a claim or right to those items).

I would be surprised if your lease included such a lien interest.

Understand that the landlord can file a breach of contract action against you and try to enforce that with a levy against your business (this generally is not very successful against small cash account businesses, but it can create havoc on your accounting), so you will want to try to reach a resolution with your landlord as quickly as possible. If you cannot reach a resolution through direct negotiations, consider contacting a mediator - often a third party neutral can help you reach a "mutually agreeable resolution" when two parties are at an impasse.