Legal advice needed - Garage rent problem

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  • JGood
    R3V OG
    • Jan 2004
    • 7959

    #1

    Legal advice needed - Garage rent problem

    This is long, see cliff notes if you don't want to read it all:


    I've been renting a garage for a few years. It's a garage within a warehouse, with 3 other garages (which are currently vacant). There is a main barn door to get into the place, then a big sliding door to get into my garage.

    The building was sold at public auction in April. I was told I need to be out by June 1st (the end of my one year lease), and that the new owners would be taking over May 15th. However, I was told to pay the full rent amount to the old landlord. I was never told the new owner would take over the lease, was never notified who the new owner was, nothing. Just that I had to be out by the 1st.

    I called and tried to find out who the new owner was, to see if I could continue renting. The accounting lady, my contact, did not know, and couldn't find out, because it was a public auction. Seemed weird, but whatever. So I had/have no idea who bought the building.

    I went over there yesterday to get the remaining things out of my garage. First time I've been there since the the 13th of May. The main door was barricaded shut, it had a huge wooden frame build behind it, bolted to the door. I had no way in. I have over $1k worth of stuff in there (computers, tools, etc...).

    I immediately called and left a voice mail for the previous landlord saying they have 24 hours to have the door opened or I will remove the door with my truck, which will most likely cause damage to the building. I also asked to be reimbursed for the second half of the month (I'm going to assume it's been up since the 15th or shortly after). I also told them if it takes me longer to remove my stuff once the door is open, I can not be responsible for that.

    But I'm thinking, before I go using my buddy's 700 lb/ft diesel to tow the door down, I should handle this in a better way. What are my legal options? Sounds like the previous landlord dropped the ball somewhere, or maybe the new owners jumped the gun and assumed we were out already? I have a feeling I will be getting a call back saying they are no longer responsible for the building, I will need to contact the owners. HOWEVER, I have a lease, which was never changed/modified/adjusted, saying I have the building til June 1st, and that makes them responsible, right?



    Cliff notes: Rented garage, previous owner sold building, new owner barricaded front door before my lease was up, I'm going to kill somebody.
    85 325e m60b44 6 speed / 89 535i
    e30 restoration and V8 swap
    24 Hours of Lemons e30 build
  • myinfernalbmw
    E30 Mastermind
    • May 2007
    • 1736

    #2
    I would talk to an attorney or go to a small claims court and get an emergency order for wrongful eviction (not sure if its called that in PA). I know that i would want to rip the goddamn door down, but like you said there are probably better ways.

    Comment

    • ragged325
      E30 Addict
      • Apr 2004
      • 432

      #3
      I guess a pretty common deal right now is that renters are paying deposits to rent houses and then find out down the road that the owners aren't paying the mortgage. The buildings are being foreclosed on and the bank kicks the new tenants out.

      I would leave a note at the property explaining your situation. If your stuff is still there, I'm sure the new owner does not want it. If you damage the property trying to get in you can (and should) be arrested.

      If you had an agreement with the old owner to rent the place and they sold it, they should have told you to be out when their ownership ended. They are the ones that screwed up. If someone told me that the place that I was renting was being sold at auction, I would have been out of there at that time.

      Comment

      • JGood
        R3V OG
        • Jan 2004
        • 7959

        #4
        Originally posted by ragged325
        If you damage the property trying to get in you can (and should) be arrested.
        I know. I'm just very pissed, haha.

        A friend of mine, who I split the garage with, gained access to the building a few minutes ago and will try to remove everything today, while I'm at work.

        I am going to let it go, just get my stuff and get out. But I'm still pissed.

        Thanks anyway for the advice, guys.
        85 325e m60b44 6 speed / 89 535i
        e30 restoration and V8 swap
        24 Hours of Lemons e30 build

        Comment

        • ragged325
          E30 Addict
          • Apr 2004
          • 432

          #5
          It could be worse:

          http://www.cnn.com/2008/LIVING/wayof...ted/index.html

          Comment

          • scabzzzz
            Estado de mierda de encargo
            • Jul 2007
            • 6870

            #6
            I would at least demand portion of the rent. Now that you have your stuff back, you can let is slide. Persue just enough to see if you can reclaim the money you put in to the place. You are contractually in agreement to pay for the space, and use it under the rules specified on the agreement. They unlawfully broke the agreement without your consent, therefore carnage shall commence.

            Comment

            • atomic
              R3V Elite
              • Jun 2007
              • 5691

              #7
              Your options are litigation through your attorney and court or your buddies 700lb/ft diesel truck. I would choose the later personally and if you go that route please video tape and put on youtube... But if you have a lease it has to be honored upto the last day of it period. The new landlord has seized your property illegally period, end of story.

              Now its time to break the video camera out and get that truck to work isn't it ??

              Comment

              • Restoman
                E30 Fanatic
                • Jun 2006
                • 1311

                #8
                go down to the tax assesors office and find out who the new owners are thats a starting point.
                i'lldoitforacaravan

                Comment

                • SpecM
                  R3V Elite
                  • Oct 2005
                  • 4531

                  #9
                  -Sheesh dude that sucks. I say you def. are owed the last 1/2 month back. But who do you sue for it? Your previous landlord can say that since he didn't lock your stuff in, he's not liable. The new guy can say that since the lease was with the old landlord, he's not liable.

                  -I would get legal help, but if you now have your stuff it may not be worth it for 1/2 or 1 month's rent. How much did you pay BTW?
                  1989 cirrisblau-metallic 325i

                  Comment

                  • JGood
                    R3V OG
                    • Jan 2004
                    • 7959

                    #10
                    Originally posted by SpecM
                    -Sheesh dude that sucks. I say you def. are owed the last 1/2 month back. But who do you sue for it? Your previous landlord can say that since he didn't lock your stuff in, he's not liable. The new guy can say that since the lease was with the old landlord, he's not liable.

                    -I would get legal help, but if you now have your stuff it may not be worth it for 1/2 or 1 month's rent. How much did you pay BTW?
                    It was $367/month. I really don't care about the ~$185 for the 1/2 month, it would be more just for the fact that I feel like I'm getting dicked. They left a 3 phase, 300lb air compressor in the building right in front of our garage before they even owned the place, which we had to move by hand.

                    I've decided that we are just going to leave ALL of the junk/trash in the building instead of taking truckloads to the garbage place. That will give me a little satisfaction. I had no security deposit so all they could try to do it come after me for removal fees, in which case I will bring up all of this shit and likely come out on top. But I doubt they have my contact info, so good luck with that...
                    85 325e m60b44 6 speed / 89 535i
                    e30 restoration and V8 swap
                    24 Hours of Lemons e30 build

                    Comment

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