Have Legal Questions? Ask a Lawyer Now.
The LL can lock you out if your one day late. Additionally, the LL can keep any and all property of the tenants to assure payment of past rent. If the tenant doesn't pay the outstanding rent balance due and oweing the LL can sell the property of the tenant and apply the proceeds to the outstanding rental balance. Thereafter yet still pursue the tenant for the unpaid balance and the balance of the remaining lease term.
In commercial leases - there are no residential laws to protect the tenant. To the contrary, everything is pursuant to the contract/lease.
The LL is those other situations was being nice - they didn't have to be. There is no requirement that a LL has to wait 60 days to do anything. In reality, they don't have to wait more than 1 day. Too, it's a matter of supply and demand - if the LL can easily rent to another business. The LL doesn't even have to send a notice of a potential lock-out - there is no requirement of such. In fact, that's kind of like shooting themselves in the foot if they aren't going to get paid as to their being able to obtain the tenant's inventory and other property to sell and recoup the rent past due.
The LL has to weigh their options and evaluate the risks.
Will they get paid? Is the company/tenant going out of business? If they are going out of business how far behind are they? Does the tenant have property on the premises that we can hold and sell for past due rent? Etc., Etc.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).