Home          About Us          Contact Us          User Photo Gallery

  
»User: »Password:   Remember Me? 
Interiorscape Forum / Scaper Talk Discussion Forum / General Scaper Talk / He won't let me take my plants!

Posted:  15 Mar 2014 00:18  
I have been working for this client since I started my business. Thruout my time being their, he has tried to cheat me out of money. He has even gone as far as saying the plants that are in his building he owes. I have a lease and maintenance agreement with him.. I finally had enough and told him I was leaving, his establishment, and removing my plants in 2 weeks. He told me I am not removing any of the plants out of HIS building unless I show him receipts. I told him this  is not my responsibility. If he owes the plants as he claims he does, he should have receipts. Anyhow, I feel I may have to go to court over this. My question is however, that my contract states I am to give 30 day notice which I did, however I stated I will be removing the plants I 2 wks. I have a feeling because of the way the contract is worded that I have to stay there for 30 days. Is that correct. If I do have  to stay, should I send him a letter stating I will continue to care for the plants for 30"days? Thanks,I'm ready to throw into the towel. Nicki
Posted:  15 Mar 2014 16:55  
it all depends on where you are located and how your contract is worded.

do you have copy of the signed contract?

you should consult an attorney as he may be correct that you cannot just enter HIS premises and remove YOUR plants unless your contract specifically states that you may do so and under what circumstances.

sorry you are going through this. there are douchebags out there
Posted:  15 Mar 2014 19:35  
If your plant lease contract has a legal forfeiture clause that specifically states that the client agrees that he will not obstruct you from accessing his premises for the purpose of repossessing your plants after the required notification has been given to him, you can try to enter the client's premises and take out your plants.  Don't expect that the client will sit idly by and let you do this, though.  Police may be called, and you may have to back down and go through the civil courts to get back your stuff (by which time your plants will all be dead).  It's always better to try to be civil and get the client to agree to let you do what he has already contractually agreed to in the forfeiture clause he signed on to initially.

But if you contract isn't that specific, you will probably have to eat the loss.  By the time you go to court and get a judgment and try to collect or enforce an order of forfeiture, again, your plants will be dead. 

Try a little sugar on the client and see if it gets you where you need to be.  Otherwise, walk away and learn a lesson for the future.  Life's too short to be all about retribution.
Posted:  16 Mar 2014 02:24  
My contract states that  the lease will be renewed automatically after one year unless either party gives a 30 day notice to terminate service. I gave my notice before the 30 day period., stating I would be removing my plants within the next 2 wks. There is several thousand dollars of my plants and containers in his facility.
Posted:  16 Mar 2014 14:01  
was that notice given via certified mail so you have proof of notice?

if yes, then you should be able to schedule removal AFTER the 12 month contract term is matured, but not before then.

good luck. keep us informed
Posted:  16 Mar 2014 18:51  
A forfeiture clause would give you the right to enter the premises and remove your property in the event of early termination, termination for non-payment (after the requisite written notices) or expiration without renewal of the lease agreement.  But these circumstances have to be spelled out specifically in the lease agreement, and it sounds as though your contract with this client did not state these items.  Also, in many states, automatic renewals of any type of contract are illegal, so I would check with your attorney about whether or not your current contract boilerplate might need to be changed to get you in compliance.

Interiorscape.com is sponsored by NewPro Containers    XML RSS 2.0    XML Atom 1.0

Welcome to our Interiorscape forum for Interiorscapers, Vendors, Suppliers, Florists, Interior Designers, Special Event Planners, Educators and Students!

Home         About Us         Contact Us         User Photo Gallery