• Welcome Guest
Real Estate & Landlord-Tenant
Welcome to FindLaw Answers! Ask a Real Estate Law legal question and let the FindLaw community help you find legal answers and information.

This is the place to ask questions on buying a home or selling a home; foreclosure; leases and security deposits; eviction; and property law.

Get your Real Estate Law questions answered by clicking the "Post New Question" button and then selecting the correct Real Estate Law sub-topic for your legal question.

Before you post, please carefully read our Terms of Service, Privacy Policy, and Community Guidelines.
  • Ask a Question
    • Show discussions ...
  • Keep Reading
    • Unauthorized use of equipment
  • 79761
Question from wbprinceNov-3
I, as a tenant, was illegally locked out of my restaurant.  I am suing the landlord for this lockout however, the landlord just leased the restaurant to a new tenant and is allowing the new tenant  to use all my equipment, furniture, dishes, pots and pans, etc. that I placed in the restaurant when I first opended the restaurant (Ihave invoices showing I purchased all the items stated above).  In my lawsuit, I am suing for the return of the furniture, equipment and items I purchased, but do not believe the landlord has a right to allow this furniture and equipment to be used by the new tenant even if the landlord sold the equipment to the new tenant.  Would a restraining order prevent the new tenants from using my furniture and equipment?Is there a Texas law which prevents a landlord from using my equipment or letting someone else use it while I am suing him?
  • Answer this Question
Fallen Nov-3 79761.2

We can't know what your lease says from here, or what your landlord's side of the story is.  For all we know, you put up the inventory and equipment, etc. up as collateral to the landlord for performance under the lease (it's what a smart landlord would do). 

"In my lawsuit, I am suing for the return of the furniture, equipment and items I purchased...."

If you were illegally locked out, why are you not suing for breach of contract, specific performance, punies, etc?  Why just suing for return of your stuff?

"... but do not believe the landlord has a right to allow this furniture and equipment to be used by the new tenant even if the landlord sold the equipment to the new tenant."

The part about "even if the landlord sold the equipment to the new tenant" is a bit surprising/weird if it's your stuff.  :)

"Would a restraining order prevent the new tenants from using my furniture and equipment?"

Well, it would depend on what the restraining order said.

You don't say whether you have an attorney, but if you do, I'm not confident you have the right attorney if you're just suing for the return of your property.

Report Violation