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Hello I rented a jewelry kiosk to a friend as a favor, I never asked for any rent since I did it as a good faith.

Pompano Beach, FL |

Now I want it back, but this person is holding my kiosk. He does not want to give it back to me. I called him multiple times first he agreed to buy it and asked me for a price. After hearing the price he just kept asking for time so he can come up with money. Now after 2 months he telling me I cant have my kiosk back and wont pay me the price that I proposed. Please help me recover this kiosk back from him.

I didnt rent the kiosk, I gave him to use it for a certain time as he asked he politely. Kiosk is located in a mall and he has advised local mall security to take action if I show up to pickup kiosk. Please help me recover my kiosk. I had a location in that mall sublease from a company, I built that kiosk to use for that location, I decided to give the location back to company back in october. The main officer of the company requested me if he could borrow the kiosk for a certain time for the new operator to use it, till he figures out what he wants to do and in return the operator would pay me some rent. As a good faith I agreed to let the new operator borrow the kiosk and I did not ask for any rent even though the main officer offered to pay a rent. I dont have any documentation of the loan of kiosk, I did not expect this to happen. I thought it was couple month thing. Palm Beach county, Florida and please suggest proper steps I need to take to recover my property.

Attorney Answers 3

Posted

You have not provided sufficient information to answer your question. Did you have any documentation of the loan of the kiosk? Who signed the lease agreement with the shopping center? The answers to these questions can impact the answer to your question.

This response does not create an attorney-client relationship and is not intended to provide legal advice for your specific situation.

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Posted

I had a location in that mall sublease from a company, I built that kiosk to use for that location, I decided to give the location back to company back in october. The main officer of the company requested me if he could borrow the kiosk for a certain time for the new operator to use it, till he figures out what he wants to do and in return the operator would pay me some rent. As a good faith I agreed to let the new operator borrow the kiosk and I did not ask for any rent even though the main officer offered to pay a rent. I dont have any documentation of the loan of kiosk, I did not expect this to happen. I thought it was couple month thing.

Posted

If you have a lease for it, have you gone to the landlord telling them another business is occupying your spot? Perhaps if they come by and tell him to get out he will. (They may not want to get involved, given that you let the other person in there, but you can try. They are supposed to give you quiet enjoyment of your space and just having some people from the mall come by and say "you need to go" might do the trick. Failing that, you might have to use an ejectment action in court. If so, you should hire counsel.

There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.

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5 comments

Asker

Posted

I had a location in that mall sublease from a company, I built that kiosk to use for that location, I decided to give the location back to company back in october. The main officer of the company requested me if he could borrow the kiosk for a certain time for the new operator to use it, till he figures out what he wants to do and in return the operator would pay me some rent. As a good faith I agreed to let the new operator borrow the kiosk and I did not ask for any rent even though the main officer offered to pay a rent. I dont have any documentation of the loan of kiosk, I did not expect this to happen. I thought it was couple month thing.

Will Murphy

Will Murphy

Posted

So are you trying to get the "structure" of the kiosk itself? To take it out or to occupy it there? Is there any documentation of the sublease you have? Of the request to end it? Of the request by them to let the other guy occupy it? I assume you can document that you made or bought the actual kiosk? That you used to occupy it?

Asker

Posted

Yes im trying to get the actual structure back from the operator. I want to take it out and use it somewhere else. I have the sublease documentation from the company, they did not provide any fixtures for the location. I bought the kiosk from a vendor, I cant find the vendor I guess they went our of business, but im trying to see if I can find any bill of sale from back in day. Kiosk was purchased in 2009 originally. I brought the kiosk to boynton beach mall when I got the location from the company. But the mall was really bad for doing business and I decided to give the location back to the company I sub leased from. They had a operator to take over the location. So the main officer of the company requested me to let him use the kiosk for few month and you the rest from there.

Asker

Posted

And you know rest of the story from that point.

Will Murphy

Will Murphy

Posted

I would get my proof that it is mine, and then I would call police and tell them you are going to get your kiosk and you just want them there in case there is any problem. They probably are not going to be the ones that take it, but they may be there to prevent a problem and that and showing up ready to go might be enough to get it without a fight.

Posted

Retain a lawyer and sue the borrower for replevin of your kiosk.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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