Certified Mail Returned

**Cardiac Flyer** · 10-24-2010, 03:14 PM

My question involves an eviction in the state of: Louisiana

I am trying to evict a comercial tenant for "Vacation or abandonment of premises". She closed her bar for about two months, but was still paying rent. I found out that the Fire and EC insurance that she is required to have would not cover the building if a fire occured,and the carrier canceled her policy.
The lease states, any notice may be given by mailing the same, by certified mail, to tenant at the premises. The lawyer knew she would not recieve the certified mail with the eviction notice if sent to premises. Even if she was open, she does not open for business untill 6:00 P.M.. I do not know if the USPS left a sticky note like the UPS people do. The letter came back as "Return to sender No mail receptacle Unable to forward" After the 30 days were up, he sent the rest of the papers to her house. Her lawyer claims she did not recieve the notice and I knew her home address. She has since opened the business, with a new policy. My lawyer seems worried, so now I am worried. What do you think the judge will do?

jk · 10-24-2010, 04:41 PM

It appears she has remedied the problem for which you were attempting to evict her for so your troubles are over, for now.

Does your lease allow her to cure violations that can be cured?

**Cardiac Flyer** · 10-24-2010, 05:46 PM

She had 30 days.She did not do it in time since she did not get the eviction notice that was sent to the premises. My trouble is I want her out of the building. My son started the business and ran it. The only reason she got the lease is because he could not get a liquuer license. She used the lease to kick him off the property and out of the business. She closed the bar because she wants to ruin the reputation of the place as she has another bar in the same area. They lived together for 18 years before the lease was signed.

**CourtClerk** · 10-24-2010, 06:38 PM

Ohhh... so this isn't a business dispute, this is a parent trying to get vengance for their child.

jk · 10-24-2010, 06:41 PM

She had 30 days.She did not do it in time since she did not get the eviction notice that was sent to the premises.

If the notice was not received at the business, that mailing doesn't count, period. It's not that it was returned refused, it was returned not deliverable. That mailing simply doesn't count.

Now, if you gave her 30 days to cure the deficiencies and she cured them prior to 30 days after you mailed to her house, you have no grounds to evict her.

So, depending on what the notice said, when you actually mailed it and when she cured whatever problems were cited in the notice, you might win or you might lose.

**Cardiac Flyer** · 10-26-2010, 04:18 PM

This is a letter my son wrote for the judge. We are told not to use it. Tell me this is vengance for a child and I will stop trying to evict.
From : 09/12/2010

Your Honor,
Please read this and take it into account on why my Dad is evicting Miss XXXX who is known as Kim.

This property was bought by my dad for me to have my own business and not to have to work offshore anymore. We have a lease to own agreement.
Kim and I had been living together for about 18 years, so I thought this was going to be something we would do together. We opened a bank account together for this project and I, with my family, started repairing and remodeling the building. I got a permit to repair water and termite damage. I also had the property rezoned to “Sexually Explicit Business” with Mr. XXXXX help. Kim is now saying she had the building built for $100,000.00. I honestly say she spent about $55,000.00. When that ran out I cashed in my $59,930.46 401K savings. I have the check stub and can honestly say that it went toward the business. She is also saying she bought all the furnishings. I gave her all the receipts to turn in for taxes. I have the checks to prove I paid for all the furnishings, including the cash register, computers, sound system, I.D. Checker,some of the surveillance equipment, among other things. While repairing the building I was working as an engineer on the worlds largest anchor handling vessel, earning over $100,00.00 a year, on a 28 day on and 14 day off schedule. For about 16 months I paid my dad $2,500.00 a month for payment of the property, worked from before sunup to after sundown with my dad on my 14 days off. I was putting my heart and soul into this place to make it the best Gentlemens Club around.
When it was time to apply for the liquor license, Kim would not apply because she only had a one year lease that I got over the internet. Because she always threatened me about kicking me out of her house all the time and actually had the police make me leave recently at the time, I decided to try and get the license in my name even though I new it would be a challenge because of a 30 year old felony conviction. I got all the permits, parish liquor license,and a letter from Mr. XXXXX stating that the United States Coast Guard, the Department of Homeland Security, and himself considered me a person of good character and trustworthy. When I turned this in to the ATC agent to get my State liquor license I was told there was no way I could get a State liquor license. Since I had quit my job about two months prior and was getting low on money, I got my dad to give Kim a five year lease. I finally opened the XXXX Lounge in October 2007. I ran the business and done all the work. All the checks were signed by me. Kim had another bar for over 20 years and was working there. After about 8 months of pulling hair, letting my Coast Guard documents expire, trying my best to learn how to run a business, getting rules made to finally get things running smoothly,installing 16 video surveillance cameras to make sure rules were being followed when I was not there and being accused of things that Kim was making up, Kim took me off the Yellow Rose checking account and had the Sheriff department make me leave the building. About this time she closed her first bar and opened another Gentleman Club called XXXXXX. She would open the XXXXXX and then go to XXXXX for the night. All the rules I set up went out the door. The dancers and bartenders were doing all kinds of things I would not have allowed. When the employees would tell Kim about the B Drinking and other things, Kim would not do anything about it. She ended up paying a fine for two counts of B Drinking when the ATC ran an undercover operation.
In the mean time Kim was giving me $5,000.00 a month and telling me to enjoy retirement. All she allowed me to do was maintenance work and make and receive beer and liquor orders as I was living on the property and there all the time. All this time we were always arguing about something. She didn't like me talking to the employees and I did not like how she was letting the business run itself and not doing anything to improve the business. I quit talking to Kim June 17, 2010. When she would come to the lounge, I would lock myself in my motor home. A few times she would come banging on the motor home, but I did not want to argue. On my birthday, July 2, 2010, I was outside talking to my son. Kim came over with that mad look and said she wanted to talk to me. I told her that I would not talk to her unless it was in front of some kind of counselor. I then went in the motor home until she left. On July 6 I received a bogus restraining order and eviction notice. I had been living in the motor home on what I thought was my property for about 2 years. One reason was so she could not kick me out of her house again and not have to argue all the time.
Kim is a very controlling and vindictive person. She will take the truth and turn it around to suit herself. I have a video that I think would prove it. She does not need or want two bars. She closed the XXXX for two months and was going to just pay the rent to keep me out, until she found out she was going to get evicted for vacation or abandonment of the premises. She has told my sister she would close the bar just to keep me out. She has told me she would run me off the property if I did not do what she says. She was always threatening to kick me off the property. Now my motor home is parked in a muddy spot in a friends yard. I have no employment as I let my Coast Guard documents expire and I am in dept as I have been living off of my credit card.
The only reason Kim got this lease is because I could not get a license. I have documents and proof of this. I should not have lost everything because of a mean and vindictive woman who is out to destroy me.

Thank You
XXXXXXXXXXX

jk · 10-26-2010, 05:01 PM

I'm sorry but I didn't take the time to read that. It is irrelevant to your situation regardless what it says. You have a contract with Kim and you are allowed to do what the law allows and not do what it doesn't. If your lease allows you to evict her, then go for it. If it doesn't, then you will have to wait until it expires or she does something that allows you to evict her.

As far as your son's dealings with her. That is between those two. Depending on what their business relationship is, he might have a claim to some of the funds he put into the business. Then again, maybe it will all be seen as investment in a business and no guarantee of a return. Anyway, that is his deal. From what little I did read, it appears that simply, your son is not a good businessman and is going to get stuck holding the bag. An empty bag anyway.