Q: Can a LL sell my merchandise and re-lease the commercial property to another buyer during the eviction process?

I am in the midst of eviction proceedings on a commercial property. Prior to the finalization of the eviction process, the LL has re-leased the property and as part of the lease, given to the new lessor my merchandise (over $250,000 worth), and moved them into the store property. I am currently under an order from the court allowing me 14 days of unfettered access to remove all of my property, but the new lessor is preventing me from completing under the court order by citing her contract with the LL. Police say needs to be sorted out by court. I am lost on what to do.

1 Lawyer Answer
Amanda B Cook
Amanda B Cook
  • Montgomery, AL
  • Licensed in Alabama

A: The short answer is that it depends on what your lease allows and how much you owe the landlord. If this is going to lose you more money than allowed under the lease, then you should bring this immediately to the attention of the Court. I strongly recommend that you hire an attorney to represent you in order to try and save as many assets as you can.

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