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I hav a retail lease finishes 3rd July. I hav a very

I hav a retail...

I hav a retail lease finishes 3rd July. I hav a very difficult greedy rude landlord. I was late with rent fir May as my son tried to suicide. I’ve been really stressed & unwell over it all & landlord put up to rent sign a few weeks back b4 I’d even left & hasaffected my sales in business. Due to the stress I closed shop last fri & hsv been madly cleaning up ready fir handing keys back. Her real estate called me this tues & asked for keys for the door as I put a screen door on shop at my expense. I told them I had to bring landlords equipment back & then I was done & they could hav the keys back. I hire a truck to take to shop yesterday & she’s changed the locks on the shop on my door I paid fir & im still in lease & there is bond to take to cover June rent but with no notice she’s locked me out & technically now she wouldn’t be entitled to all that bond would she. I had to leave the stuff there as she wouldn’t answer my msg or email she gave me no choice but to leave in carpark. Pls can u advise on how I can claim against her as she has also ripped me off in rent for last 2 yrs I pay dbl what everyone else pays in complex & my shop is the smallest

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Nsw

Lawyer's Assistant: What steps have you taken so far?

I’ll small business commission they said I could put claim in for bond & see if she detests it & if so it’ll then b mediated but my friend said ask u guys

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I’ve sent landlord msg

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Ask Your Own Australia Law Question

Answered in 5 minutes by:

6/21/2019

Solicitor: Leon, Solicitor replied 3 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Hi, I am Leon, a NSW Solicitor. I am now reviewing your question and will reply again in a moment.

Customer reply replied 3 years ago

I sent this to landlord after I left her stuff in carpark as I’d paid for hire of truck & couldn’t afford again. I don’t understand her locking me out full well knowing I still had her belongingsSharon, as you have unlawfully changed the locks on my rental premises whilst I am still within my lease and without the appropriate notice, I am forced to leave the inventory at the door to the premises. You were aware that I was dropping this off and have organised a truck to do so. Consider this notice that the inventory is outside the premises as I was unable to obtain access because you changed the locks. Attached is photos of same. I hold no liability if any of the items are stolen or damaged. This is now your responsibility as I have attempted to return it.I already paid $85 why do I need to pay again

Solicitor: Leon, Solicitor replied 3 years ago

If you want a call you have to pay.

The lease is very straight forward if the rent is late 14 days then they can lock him out

They cannot just leave the property of the tenant outside as they become liable.

She is liable for his property

She cannot avoid that

Customer reply replied 3 years ago

my landlord can lock me out with no notice.
The property is hers I left it in carpark as she locked me out. Which I find to b spiteful &dillusional really. So can I claim half my bond back becos she locked me out38; half covers rent fir half the mth

Solicitor: Leon, Solicitor replied 3 years ago

You have to be given notice to pay the rent and then if you do not pay then lock you out.

The procedure is clear in the lease

Why did you leave her property in the car park? If it is damaged you are liable

Until the lease is over you cannot claim anything.

She can sue you for the balance of the lease if she cannot get another tenant.

Customer reply replied 3 years ago

She didn’t notify me that she was locking me out & I said I was dropping it off it cost me hire of a truck to get it there I can’t affird to drop off again. She did on purpose to be nasty. So am I liable fir her stuff even though I arranged to do the right thing & drop off & she changes locks so I can’t do so how is that fair

Customer reply replied 3 years ago

Is the $85 I paid a 1 off charge by the way

Solicitor: Leon, Solicitor replied 3 years ago

Good Afternoon

You are not a member and it should be a one off

She should have notified you and if you wish you can sue her in NCAT

She has failed to comply with the lease

Customer reply replied 3 years ago

What is ncat

Solicitor: Leon, Solicitor replied 3 years ago

It is the NSW Civil Adminstrative Tribunal

https://www.ncat.nsw.gov.au/

They deal with Retail Leases

It is not a court and you do not need a lawyer

Customer reply replied 3 years ago

Thanku the landlord put all her stuff in the shop so she must if realized how unrational she was

Solicitor: Leon, Solicitor replied 3 years ago

Good Evening

You are welcome.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback by rating my work 5 stars so I can be paid. Highlight the 5 stars at the top and click the submit button.

Thank you for using Justanswer and I look forward to assist in the future as required.

Regards
Leon

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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