Consumer Law, Warranties Landlord locked me out of my business and broke our contract, what can i do?

[confusedhairguy]

I have recently been ousted from my salon where i pay rent to do my clients, (booth rental). The other stylists basically convinced the owner to get rid of me and she has to comply with their wishes as she needs their money.

I have a contract as does my wife who also works there, and it states we have to give 2 weeks notice etc but the owner has changed the locks and i cannot get in to do the clients i had set up for today. Nor can I get any of my belongings which value maybe $400.

I spoke with a police officer and he advised me it was a civil issue and that she may be liable for the money i would have earned over the next 2 weeks.

I intend to go to the courthouse in the morning but here's my QUESTION:

..." Since I cannot afford a lawyer, what should I sue her for? "

I've read she may be liable for my belongings, my services over the next 2 weeks and even for the effect it has on my lively-hood,(having to relocate at such short notice.)

I have always paid my rent, never been late, always abided by the contract and as a SIDE NOTE: My contract was actually changed a few months ago to say i didn't have to pay rent as i was acting as the salon coordinator, but since she verbally took that position away shortly afterwards I kept paying rent each week...per the contract, Is she liable to pay back the rent i paid or no?

Thanks for any advice anyone can give,
I live in georgia if that matters at all.

 

[jharris352]

I too live in Georgia. If you want to make a real case out of this you will need an attorney. Unless you can navigate the Superior Court rules, and I doubt that unless you have some legal background."

I would file in Magistrate Court (otherwise known as small claims court). The upper limit on damages is $15,000 which sounds like enough to cover what you are looking for.

I would sue for:

1. Lost business (be prepared to show your appointment book and receipts from previous visits by those clients. If they are new clients, give an average male or female bill. I would bring records for the last three months to show my appointments and the average revenue from those appointments. The Judge may try to determine actual damages or make some assessment of average damages.

2. I would sue for the rent you paid while being a co-ordinator. Your lease say you don't pay then you don't pay. Bring proof of when and how much you paid as well as a copy of your current lease.

3. I would sue for the value of my equipment. Bring an inventory of your equipment. Send a letter demanding that inventory by Certified Return Receipt prior to the case so the Defendant is aware of what you have and that you want it.

4. Immediately begin to set up shop somewhere else. You can sue for loss of business until your new shop is open if you take diligent efforts to open a new shop. If you have to buy new equipment sue for that value too. You are required to try to mitigate your damages. If the landlord refused you equipment buy new equipment and that will be damages.

5. I doubt you will be able to show damage to your ongoing business but you could try. That would mean a loss of clientèle because you had to move. This would be hard to put a number on.

Keep your complaint short and sweet.

I had a lease, it is attached as Exhibit A.

I conducted business at this property from x date until the landlord locked me out against the terms of my lease.

I have performed my duties under the lease and the landlord's actions were a breech of our agreement.

I have suffered damage from the landlord's actions such as:

Loss of revenue $xxxxx
Loss of equipment $xxxxx
Cost of moving $xxxxx
Cost of new equp. $xxxxx
Whatever other relief the Court finds reasonable and proper.

That's about it. Pay your $80 and get your evidence together.