Ask a Lawyer - Archive

I have a small business. I recently got behind on my rent, but was still paying partial payments. The landlord had accepted these payments for the last 2 months, and said they would work with me. I assured them that I would pay weekly to get caught up. They changed my locks on the doors to my business and posted a notice on the door that I or anyone else was not allowed inside without permission. What are my rights concerning personal items still left inside? I am unable to get a loan to pay the debt. How am I to work without a business to work out of?

There have to be some pieces to the puzzle that are missing from your summary of the facts. Under a typical lease, the landlord would not have a unilateral right to retake possession of the premises. A first step would be to file an unlawful detainer action, by which the landlord could obtain a judgment against the tenant and a writ of possession. What may have happened here is that the landlord said they would work with you, but they then went ahead and filed the unlawful detainer action. You should have been served with process and would have had the opportunity to respond. If you did not do so, a default judgment could have been entered. This might allow the landlord to do what they did. You should go see a lawyer immediately to figure out what the heck happened.