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Unlawful Eviction-Commercial Property

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  • 08-10-2014 3:27am
    #1
    Registered Users Posts: 1


    I have been renting a restaurant since last December. i must add it was without a written lease agreement, however there was a clear verbal agreement, detailing rent to be paid, responsibility for repairs etc.
    Last Tuesday due to personal problems I did not open and by Wednesday morning the landlords had began moving my property from the restaurant to a storage room in the rear and removing my signage etc. I guess I should add that my personal problem was stress due to work and home events and this news on Wednesday tipped me over the edge. I was not able answer the phone or leave my home for days.
    1 Week later, and I am back to myself, however I am being informed that two of my former employees are to take over the restaurant tomorrow, using my equipment, my customer base and using my stock at the instruction of the landlord. I had an idea that the landlords have been trying to take back the business for sometime, after me investing my money to build the business and taking the initial losses.
    Over the past 2 months I had financial difficulty with my business and was slow in paying rent however I had agreed payment terms with the landlord and was keeping to these terms.
    I want to retrieve every bit of property I own at the premises- including a online ordering system terminal which the company whos machine it is- agent tried retrieve today and was told by the landlord that he was not returning it. I cannot walk in and try to retrieve my property as one of the landlords has a history of violence and has had a number of cases against him. How do I legally get my equipment back? I could move to a new premises and set up again if I could do this, or liquidate the equipment and pay off my debts due to the business.
    Also would taking legal action for compensation for loss of earnings result in a successful claim as I am losing a considerable amount of money due to their actions and my good name also in the process. If all of my property is returned and I would have no problem in letting this go, however I am taking the action of trademarking my business name as I have suspicion that they will attempt to trade under my name. Any advice would be greatly appreciated.


Comments

  • Registered Users Posts: 78,385 ✭✭✭✭Victor


    Sorry to hear of your troubles, but you really need to talk to a solicitor.

    If possible, write everything down before you go there.


  • Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    spudcopper wrote: »
    How do I legally get my equipment back? I could move to a new premises and set up again if I could do this, or liquidate the equipment and pay off my debts due to the business.
    Also would taking legal action for compensation for loss of earnings result in a successful claim as I am losing a considerable amount of money due to their actions and my good name also in the process. If all of my property is returned and I would have no problem in letting this go, however I am taking the action of trademarking my business name as I have suspicion that they will attempt to trade under my name. Any advice would be greatly appreciated.

    These are two clear requests for legal advice, which are against the forum charter. Please read the charter.

    As to your second question, no lawyer could advise you on whether your claim would be successful without taking full instructions from you.

    I don't see how this thread can progress without breaching the forum charter. Thread closed.

    In any event, you need a solicitor.


This discussion has been closed.
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