illegal tenant lockout ???

[leon]

What a mess. I hope someone can help. I am not sure if this falls under residential or commercial law. The property is commercially zoned. I have been renting for a period of 12 years. About 9 years were as a registered NYS auto repair shop. I closed the shop and consolidated the contents of 2 garages into 1. The job search began. After a period of about 17 months of being physically locked out (boarded and padlocked)I was shown a bill, but was not given one. The landlord claims a substantial sum owed, and has charged electric useage (paid) during lockout. There was a period that I did pay the "back rent" and he took off the lock, then got behind again and the lock went back on. I have been told he is now contacting his lawyer to proceed with confiscation of my property in the garage, and proceed to auction.This story is much more involved, and very long. I have documented it in detail which is 42 pages long. I have talked to a few lawyers, and they say to wait untill he places a judgement. I seem to be in stalemate. any help would be much appreciated.

[Downtown]

When the lock went back on was this with a court order. Whay I am asking is, only a court can order an eviction...at some point you should have been given notice that place was being locked...that's when you should have removed all posessions.
You owe the back rent. Have your atty step in before judgement and set up a payment plan.

[leon]

How is it that I can owe the "back rent" when the garage was locked by the landlord?
There has never been any court order or judgement filed. Also No notice was ever received. The lock was placed, still incuring "rent and electric". Payment of "past rent and electric" was made and the lock was removed. I was unable to make the rent and the lock went back on.
There is also an issue involving illegal conversion of property and prevention of an interstate sale.

[Downtown]

I am not knowledgable about Dutchess County commercial rental laws....but I'm sure that a LL can't do a lock out/eviction without a court order. You certainly would not owe any rent/electric during those periods.
Go to police, bring proof (a lease, mail) that shows you are the tenant...they should help you get back in. I would strongly suggest you use this to get your stuff out of there.
You have a good case to sue for any rent paid when you were locked out.