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View Full Version : Can I be arrested for criminal trespassing while operating my own business?


NJHockey
Sep 24, 2010, 08:50 AM
I have been negotiating for a couple of months to purchase an ice skating facility. The Landlord of the building, the prior tentant and myself reached an oral agreement last Monday to be effective immediately. The keys for the business where handed to me. The prior tentant was owing back rent for the past two years and this was supposed to be a peaceful take over vs. the landlord evicting him which we thought was bad for the ice rink. The following day the locks where changed by the Landlord and the keys of the new locks where handed to me. The proper paperwork is in process of being drafted by the attorneys. Due to the complexity of the business, the paperwork has not been completed. Yesterday evening the prior tentant came into the building, called police claiming that he was still the owner of the business and that he wanted me removed from the premises. My purse and phone went missing (which I am certain he took) and I refused to leave the building explaining to police that I am the new owner of the business. I was arrested by police for trespassing as the previous tentant showed them the old lease and because the new lease was not yet in my possession I could not prove ownership of the business. After I was arrested, I was allowed to leave the police station as I have no prior criminal background and when I picked up my vehicle from the parking lot of the facility, moving trucks where present that where being loaded with furniture and items belonging to the arena and the business I just purchased. Last night is also a popular open hockey event that usually brings about $300 of cash income. I am certain that the previous landlord pocketed the money as well.
The business is in NJ and I would like to know if I have recourse against the previous tentant or the police as the arrest in front of about 50 children and parents is certainly damaging to my reputation and my business. I am also ordered to stay away from the business which is now loss of income as well.

JudyKayTee
Sep 24, 2010, 09:06 AM
I don't see that you purchased the business - there is no contract, correct?

I also don't see that you had a legal right to be on the property. Your remedy is to pursue the owner of the property, not the previous tenant who may or may not have been aware of any of this.

I find it difficult to believe that you entered into this arrangement without legal documents. Is there something I'm missing?

How do you find the Police to be at fault? You couldn't prove (because I can't see that there is any proof) that you had a legal right to be on the premises. They were enforcing the law.

I'd be looking (legally) at the owner. I'd also keep in mind that what he did to the previous/current tenant is exactly what he could/might do to you at some point in the future.