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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114029
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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RENTED A BOOT AT A FLEA MARKET, FOR OVER A YEAR,, HURRICANE

Customer Question

RENTED A BOOT AT A FLEA MARKET, FOR OVER A YEAR,, HURRICANE CAME THROUGH FLOODED, MOVING OUT, MY RENT PAID THROUGH OCT 2016.. WENT TO GET DEPOSIT BACK, OFFICE SAID NO, THEY GOT SMART, SO DID I.. THEY CALLED THE SECURITY, HE LOCKED ME UP SAID I WAS TRESS-PASSING HE CRAPED ME, PULLED MY ARM BEHIND ME CRAPED MY BREAST AND I JERKED AWAY, SAID I WAS FIGHTING HIM,, CALLED A DEPUTY AND I HAD TO SAY IN JAIL OVER NIGHT,, I am 64 female, never been in jail, How can I be arrested when I rented the spot, was not notified,,i was not told before not to come back,, I paid for and to be at that flea market yet I go to jail,, is that legal..
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they told you to leave and you did not, even if you rented the space, then you could be deemed as trespassing. Your argument over the loss of rent because of the flood which was beyond the owner's control is a matter for an insurance claim or to sue over in small claims court. Once he told you to leave if you failed to do so he could claim trespassing, but if he did NOT tell you to leave it is not trespassing. Now, in court, the case is likely to be dismissed and if he never told you to leave before you were arrested, then it will certainly be dismissed or you would be found not guilty and then when that happens you can also sue the owner who made the complaint for malicious prosecution and seek damage from him for making you go to jail.
At this point you MUST get a local attorney to represent you in the criminal case and once you win that in court you can get a civil attorney to sue the owner for malicious prosecution and for damages from the loss of the lease.