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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Our small business is being threatened with lockout if we do

Customer Question

our small business is being threatened with lockout if we do not make payment for past due via cashiers check on next business day. We are going through an acquisition process and have committed to property manager to pay fully by end of this month(10/31). This was essentially accepted(verbal) but now they are being very inflexible. What are our options?
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: Texas. One of our business partners is a tax attorney at Ernst & Young and I know he is formulating his thoughts, too. I consulted a bankruptcy attorney Friday, as we have too much stuff at our facility to allow lockout. We are/were literally planning to complete business sale by end of month, but landlord is now imposing a required guaranty on prospective new ownership. They are reflecting on everything now, too. Their lawyer has sales agreement near completion, too, but we are faced with this new situation.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: We have a 10 year lease, approx 1.5 years into it. No major maint or upkeep issues.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, just searching for options.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  legalgems replied 1 month ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 1 month ago.

I am sorry to hear this;

can you tell me if any written notice was provided to the tenant re: lockout, and if the lease addressed this?

Customer: replied 1 month ago.
letter sent with 5 day notice provision.
Customer: replied 1 month ago.
Are you going to respond to this? I am confused by the process.

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