Legal Question in Landlord & Tenant Law in Louisiana

Breach of a commercial storage contract

We have a contract with a commercial storage facility. We agreed to strict terms and hefty penalties for being late. We were late with our monthly payment by about 5 days this month, after having been on time since July, and we incurred a $400 penalty under the contract. No complaining there. We complain that the storage facility immediately put locks on our storage units and prevented us from getting our tools and equipment for three days until payment arrived from our company. It seems very harsh and punitive for them to do this. Sure, we were late, but the contract provides a penalty for that - the $400. At the end of the contract it does state lessor can lock units if he cancels the lease due to our default and desires to enforce the lien and priviledge granted thereby. However, he didn't inform us he was cancelling the lease, neither did he say he canceled it, (he has now accepted our payment). We expected the $400 penalty, but not having our units locked and losing three days business. We'd like to get out, claiming he constructively cancelled our contract by locking our units. We'd rather do business elsewhere. The contract runs through July. Can we do this?


Asked on 1/10/07, 6:37 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Breach of a commercial storage contract

Hello and Happy New Year. The issue here is whether the storage facility breached the contract. In my opinion, the storage facility did more than that. In fact, it put your

business in jeopardy and now owes you money, in my opinion. You need a lawyer. I would put the storage facility on notice of the fact that it caused you to lose business and you want "out" of the deal. This is tricky, so walk careful in order to protect your rights. I will be happy to discuss this with you further and in more detail.

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Answered on 1/12/07, 3:40 am


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