locked out – commercial property

[hellohello]

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hi there,

hope everyone s well.

Here is the situation:

We are behind in rent.

We offered the landlord products in lieu of the rent (which he was interested in)

No further communication from the landlord or agent

Then all of a sudden – locked changed and gate padlocked – I phoned the agent and I was informed that the landlord wasn’t interested now – NO COMMUNICATION WHAT SO EVER.

this was 5 days ago -no communication from the landlord and the agent is just going around in circles.

Now we have lost a total of 5 business days and 4 clients have cancelled their orders ($21,321.00 LOSS) because we couldn’t fulfill their orders due to our office/warehouse bee locked up.

WHATS CAN I DO – please assist

[ScarlettR]

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How far behind are you in rent? Are you able to talk to the agent about a possible payment plan to bring you up to date? Are you expecting business to pick up, or are you offering products because you don’t know when you can afford the rent next? Are we talking a couple of weeks or it’s going to collections now?

[hellohello]

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ScarlettR, post: 172714 wrote:

How far behind are you in rent? Are you able to talk to the agent about a possible payment plan to bring you up to date? Are you expecting business to pick up, or are you offering products because you don’t know when you can afford the rent next? Are we talking a couple of weeks or it’s going to collections now?

hi there thanks for the reply

we are about 10K behind

we offered about 20K in product

we offered a payment plan

we offered for the landlord to keep the pallet racking we have installed

we only have 8 months to go on our 3 year lease, however we have also paid about 3 months upfront making it effectively 5 months to go

we need to get our stock at the very least – as every day goes by we lose more and more sales

both the landlord – do not return phones calls and its been me continuously chasing.

[Divert To Mobile]

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Hello Hellohello,

You are losing money every day your locked out. But the landlord is also losing money every day your behind. Its possible the landlord changed their mind about taking products and fixtures in exchange for rent, or they need the money more than they need the product. You really need to get paid legal advice.

I know that If you were not behind in the rent locking you out would be illegal and you could sue for damages, however given the current situation of 10k in arrears I dont know.

Steve

[Diy Legal Kits]

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Your first point of reference should be your lease. Your lease should set out the landlords rights and procedures to be followed if the tenant has defaulted on their obligations. Look for a heading “default” or “termination” in your lease.

Paying the rent is a biggy, but causing you to loose money by not giving proper notice of the impending lock out may well be out of order. The law will vary depending upon the state you are in, and If your lease falls under retail tenancy legislation you may find a government department in your corner.

If you can’t answer these questions then my feeling is you need proper legal advice quickly.

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