Sunday, December 30, 2012

Another Raanan Katz' Tenant Alleged: RK Centers Proceeded To Change The Locks Using Self-Help In Violation Of The Law

You, as RK Associates tenant, never got an eviction notice for failure to pay rent or anything like that. However, you are coming to your business, and RK Associates simply changed the locks and took possession of your business and private property.
Court Case Number 07-20634-CIV-MORENO revealed that "Plaintiffs allege, and Defendant (RK Associates) do not dispute, that security guards threw Plaintiffs (Tenants) off the property and that RK Associates...changed the locks on the bank branch’s office doors. Furthermore, Plaintiffs allege conversion of their remaining personal property by RK Associates... after they were escorted from the premises."

In this case RK associates were sued by the tenant: Count VI is for
unlawful eviction, Count VII is for conversion.

Court argues: "Lessors like RK Associates, typically change locks on their own property or at least require permission to do so. See, e.g., 4 Florida Jur. Forms Legal & Bus. § 16A:53, at III.(f) (generic commercial lease form stating that, “No locks shall be changed without the prior written consent of Lessor….”). If Plaintiffs (tenants) have or had personal property remaining on the premises, and RK Associates preventing Plaintiffs from reacquiring that property, then it seems plain that Plaintiffs have alleged a legal harm against the landlord."

RK Associates cannot take possession of the property without a court order unless tenant surrender the keys. However, RK Associates change door locks on leased premises at their sole discretion. Be careful and aware!!!

RAANAN KATZ

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