Legal Question in Business Law in California

I work at a hair salon and my clients have been comming in less often. So I pay weekly rent and there happend to be two weeks when I had no clients. When I booked my full day, the owner called me and said I have to pay the two weeks before I can work. I didn;t have the money but told him that I will be happy to pay at the end of the day day when I did have the payment. He was a not interested. So, I had to cancel the day and try to figure something out. Then I got a phone call from the salon saying, we have confiscated all your property, if you want it back, you have to pay $1200. Is this legal?


Asked on 3/23/10, 12:40 am

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

The short answer is, no, it's not legal. If you don't pay rent, the owner can sue you for rent owed but can't convert (take) your property and hold it hostage. Consult with an attorney in your area for details on what action to take.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 3/28/10, 7:33 am
Ken Koenen, LLM Law Office of Ken Koenen

You may also contact the police department and ask for a "Civeil Standby" while you retrieve your equipment. A landlord cannot resort to "self-help."

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Answered on 3/28/10, 11:32 am


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