Legal Question in Landlord & Tenant Law in California

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....


Asked on 1/22/10, 1:42 pm

2 Answers from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Sounds like you have a potentially strong case for wrongful eviction, and may be entitled to all of your losses and damages, including possibly for defamation, intentional misconduct on his part, and maybe even your attorney fees. Please contact my office for a free consultation without delay.

Regards,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

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Answered on 1/27/10, 2:04 pm
James Bame San Diego Law Office

I have had similar cases. Wrongful eviction and other causes of action which will allow punitive damages are available. Contact me directly.

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Answered on 1/27/10, 3:17 pm


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