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Asked by you on Friday, September 03, 2010 9:05 PM PDT
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I need an attorney in Albuquerque NM to answer my question and I am willing to pay more. The landlord locked me out of my space yesterday for non payment of rent for my retail space, he did so after I started removing my merchandise. We are in a rent dispute as he has made verbal promises he never kept,.He also took out all mty remaining merchandinse from my space. My store is in an indoor marketplace at xxxxxxxxxxx NM 87108 The landlord did not have a court order to lock me ouit or remove my items, he says that his lease is written like a lease for a storage unit rental and that allows him to seize my property without a court order I can be reached at xxxxxxxxxx. He also called the police and had me banned from the marketplace and the police told me if I come on the property I would be arrested. The owner is a 10 time convicted felon in California for check forgery and embezzlement over $1,000,000. Can he sieze my property withoiut a coiurt order can a lease be written as if we are renting storage space when we are doing retail sales 5 days a week. I want to file a motion to be able to enter the facility and get my items back and I also losing sales as he has over 15K of my autographed memorabilia not including unautographed jerseys\ xxxxxxxxxx
State/Country relating to question: New Mexico
Nothing yet, owner wants to meet with me tomorrow at his home
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From JD 1992
Saturday, September 04, 2010 10:42 AM PDT
I don't think there is an expert on here from New Mexico, but your question involves simple contract
concepts. Do you want me to try and assist?
Saturday, September 04, 2010 10:57 AM PDT
sure. The owner of the building says the lease he has all tenants sign to lease retail space is the same type of lease someone would sign when they rent storage space. He says due to that he can seize assets from the vendor
or lock the vendor out of their retail space without a court order for non payment of rent,
The landlord made a littany of verbal promises to me when I moved into a larger rental space and never came thru. I subsequently stopped paying rent or following thu on other signed agreements for payment because he never gave me rent credit he promised nor provided a new lease agreement
he had all my merchandise moved out of my space this past Wed and then had me prevented from entering the premises by filing a trespassing order with the polce
What can I do to try and get my merchanise back including items I have on consginment from a friend that is autographed memorabilia, was it in his right to lock me out with out an order and can a indoor marketplace have you sign a lease under the pretext that it falls under self storage facility even though it is a retail venue open 5 days a week
What can I do thru the courts for an immediate order to get my items back and then let him take me to court for the disputed back rent
You have received an Answer!
From JD 1992
Saturday, September 04, 2010 11:45 AM PDT
You can contract for almost anything you want, and the landlord could have drawn up a contract that allowed him to do as he has done. However, it doesn't mean a court will allow it to continue. The best thing to to it file for a "Turnover Order" requiring him to return the materials to you. I think the court is likely to do that, although a lot will depend on th exact wording of the contract. He can't fail to live up to his conditions, then enforce it against you. The most logical thing for you to do is file against him for breach of contract at the same time you ask for the Turnover Order. Alternatively you can plead that the contract is "void and against public policy".
You probably aren't going to want to hear this, but you would really be better off hiring a lawyer for this rather than doing it yourself because a Turnover Order is what is known as an extraordinary remedy and they are procedural nightmares. In addition, to try and bust the contract you have to make public policy argument that are difficult even for attorneys to make. You will want to find a lawyer who does civil litigation and you can find one at www.avvo.com.
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