Legal Question in Business Law in Virginia

Breaking a lease and property seizure
Have a couple of issues here:

1-A backer for a new buisness misrepresented theirselves and wrote a check that their father had cancelled as a stolen check. This caused the Feb. rent payment for a store front lease to bounce.

2-Contract for the business from parent company denied - so business venture failed.

Attemped to break lease on property and landlord became angry - changed the locks on the doors, therefore seizing all property inside. Has refused to allow anyone in the property to retrieve even paperwork - like our copy of lease agreement. First demanded $5000, then $2100, then when $1000 was paid to cover bad check was told $3500 more needed to be paid. Was given 30 days to pay or else property would be sold. They refused any attempt for payment arrangements!

The $1000 was to pay for bad check. However, landlord claims the money was for March rent and is threatening to prosicute for bad check.

What are our rights?

Asked on 3/21/02, 8:38 pm

Thomas DeCaro DeCaro & Howell PC

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Re: Breaking a lease and property seizure

It seems to me as if you landlord is, unfortunately

within his rights, if he properly terminates the

lease and auctions the property. The landlord

is not responsible for what others do to you.

Your only claims appear to be against the business

backer and possibly against the parent company.

If you want to preserve your existing business,

it may be possible to file bankruptcy and get

a court order letting you back into the premises.

However, realistically, my advice would be to

walk away from this situation. The only reason

to stay involved would be if you were expecting

to pick up some revenue from the business. If

this is not the case, start over. I wish you

the best of luck.

Answered on 3/22/02, 2:41 pm

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