Legal Question in Business Law in California

Can I hold equipmant until rent paid in full

I own a salon. An Aesthetic practitioner came in to ask if she could rent space. We talked terms prior to her moving in, but did not sign a written agreement. As she was just starting her business, I didn't press her for rent immediately. In July (she moved in mid-March) I told her I took it upon myself to reduce her rent (I wanted to get paid something!) & make it retroactive. She still paid nothing. She had a key & was allowed to come in anytime she had a client. I had the locks re-keyed in Oct, so she couldn't use my facility for her gain - her equipment is still there. She told me she was moving out so I reminded her how much she owed. She countered with a figure 1/3 of what is owed. I offered to meet her in the middle & she's refused, and has told me that her Attorney has told her that she can sue me for lost income because I'm holding her equipment until she has paid in full. What are my rights?


Asked on 10/13/05, 8:17 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Can I hold equipmant until rent paid in full

Give her the equipment back and sue her for the rent she owes. Make sure you sue for the 100% - since she rejected your discount offers. File the case now, and have her served when she comes to pick up her equipment. Good Luck.

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Answered on 10/14/05, 11:19 am


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