extortion by landlord - Landlord Forum thread 140959

extortion by landlord by Anonymous on June 1, 2007 @21:55

I owned a business and rented from a landlord through month-to-month. Yeah I know, not smart, especially for a business, but I had to act fast or I would have lost out on the book store stock. Anyway, the guy basically forced me out of business because he didn't want to make the heat the way it should be, but that's another Springer show.

With the month-to-month he evicted me (a retaliatory action). I took out everything except the bookcases. He put another lock on the door so I couldn't get them, then took out the bookcases and put them in storage. He said he isn't giving them to me unless I pay the rent I owe him, although I don't owe him any rent. If I do owe him rent then why don't I have access to my property? I can't take him to small claims because it only deals with money and isn't used to force someone to give back property. Should or could I file theft and/or extortion charges against him?

[ Reply ] [ Return to forum ]

Re: extortion by landlord by Anonymous on June 1, 2007 @22:34	[ Reply ]

On what grounds did he evict you? If you didn't pay rent, them you do owe him. He can't hold your things hostage, though. How long after you vacated did you ask for the shelves back? It's possible that if enough time elapsed, they could be considered his to do with as he pleased, throw them out, or whatever. Why can't you file small claims for the value of the property?

Re: extortion by landlord by Anonymous on June 1, 2007 @23:48

[ Reply ]

If your LL refused to fix the heat in the unit, you should have followed the procedure set forth by your state. This could have been depositing rent with the clerk of court or correcting the problem yourself and deducting the amount of the repair from the rent paid. Each state has a procedure for forcing the LL to fix habitability issues such as this.

Are you saying he evicted you by court order or merely forced you to move by giving you 30 days notice? They are quite different. If evicted by court order, you were to have removed your things by the date the court gave him back physical possession (not the order of possession). Once the court gives him back physical possession and allows him to change the locks, those things are trash. You had your chance to remove them. They should have been set to the curb for pickup.

If he merely gave you notice to vacate and you failed to vacate all of your property within that time, he has to make a decision. Does he go ahead and evict you to get the rest of your things out, or did you leave unwanted property or trash as you abandoned the unit? If he feels that it was abandoned, he has to follow your state's rules on abandonment. (Some state's rules on abandonment may require unpaid rent for a period.) Generally abandonment means a notice must be posted to the door for a period of time, allowing you to contact him and contest the abandonment, and/or storing your belongings to give you an opportunity to claim them. In some states, he can charge you a storage fee which you must pay to reclaim them. But he cannot hold them hostage for unpaid rent.

If you cannot take him to small claims court for the value of the bookcases, could you take him to civil claims? I doubt the police will get involved in a dispute over property between you and your LL.

Re: extortion by landlord by Terry (ca) on June 2, 2007 @04:10

[ Reply ]

Just a word of caution to all on here..

COMMERCIAL tenants do NOT have the same "rights" as residential tenants and the laws vary not only state by state on COMMERCIAL rentals BUT in large part rely on the WRITTEN AGREEMENT.

Often times the business owner tenants are responsible for repair/maintenance..even of major systems in some cases. The poster here has some inconsistencies..I don't owe but even if I did..etc. So it seems we are not getting the full story.

For the most part whatever is in the AGREEMENT is what drives what the LL can and cannot do. If you vacated but left things behind you tied up the premises longer and in fact may be found liable for rent during that time.

No prosecutor is going to file extortion charges over some bookcases.

What exactly type of legal contract did you sign with this LL? Did you have YOUR attorney review it before you signed it? You seem to indicate you were "desperate" to find a place which is NEVER good.

And yes small claims court..you can sue for the monetary value of the cases and lost business if you feel like it AND he can COUNTERSUE for back rent, etc. Perfect for Judge Judy show..but I suggest you READ the agreement first and perhaps seek COMMERCIAL tenancy legal advice first.

Re: extortion by landlord by xxx on June 4, 2007 @10:46	[ Reply ]

This is a commercial lease, it is governed by basic contract law and the terms of the lease. If the lease says he can seize your assets if you don't pay the rent, then he can. Commercial leases are far harsher than residential ones.