California  |  Landlord & Tenant Law

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1/22/10, 1:42 pm

Legal Question


I took over a failing restaurant business in the small town I grew up in. The buikding owner had previously run the ONLY two previous operators out of the building and I ended up the third of three total. During a horrible banking problem i was facing the landlord locked me out of my restaurant under the pretense that the doors had been found open early one morning...but gave a slanderous statement to the local paper about me and that he had locked me out due to non-payment. (I was only open for 5 weeks) and he then filed a sworn affidavit with the california state Borad of Equalization stating that he NEVER allowed me to open the restaurant and that I had conducted not one single day of business. He also never allowed me any access to my personal and business properties inside the building, computers, files, etc.... I was NEVER served with any notices such as a 3 or 5 day notice To Pay or Quit, nor was there ever an eviction. He leased the building to someone else and began remodeling within a few weeks of locking me out. he stated to others in the local Rotary that he & I did not have a LEASE agreement, however, I have a electronic & an original of the lease with both of our signatures. He is fully aware of the process and how it applies to all tenancy as he is a licensed real estate agent and is a partner in a Insurance/Real Estate Business in the same town What can i do, this restaurant was able to gross $62,000 in just 5 weeks, but I feel thati was forced out by his personal preference and have had to endure the public humilation as well as the personal, professional & financial hardships due to his methods of doing business....


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