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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11576
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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My daughter broke the lease on a commercial lease. The landlord

Resolved Question:

My daughter broke the lease on a commercial lease. The landlord locked her out before she got the remainder of her goods and a commission worker personal items and will not open the door for the worker until she meets face to face. She was behind because she had to replace the air conditioner. Booth renters moved out because of the heat (Texas). She lost her revenue. Can she remove the pad lock on the door just for her workers positions?
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

 

1. How did your daughter breach the lease ? Non-payment of rent ?

 

 

2. How long after the "breach" did the landlord put a pad lock on the doors ?

 

 

3. Did the landlord give her any notice that he was going to pad lock the doors ?

 

4. as the air conditioner she repaired in the property she leased ? If so, why didn't the landlord repair it ?

 

 

Customer: replied 1 year ago.

1. She was behind on rent. The money she was going to pay back rent landlord's rep agreed to work out a payment plan which inflected 20% penalty if late. Because she had to scrap up money to put on rent and pay for a/c which was embedded in lease that we care for repair and replacement. So when two booth renters left. She said she did not have the money and began moving her products, etc and told the rep. she could not meet those requirements. This is a money pit.


2. Immediately that evening the pad lock was put on doors.


3. No notice. When called manager said you must speak with owner. My daughter mentioned the a/c, the $2800 deposit and that we are willing to pay installments. The owner said not opening even for an innocent party until she has a face to face. The time arranged at 11:00 the owner said she has another appointment and wanted to meet at 4:00. We could not at that time but re-arrange schedule to me. Her reply was since you did not want to meet at 4 on yesterday (Tuesday) it will have to wait until Monday.


4. A/c was replaced. The landlord does no repairs or replacements of anything.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Betty, Thank you for your additional information. I apologize for the delay, but my computer froze and I had to shut it down and restart it.

 

 

What the landlord did in putting padlocks on the doors was illegal and contrary to Texas Law,

 

§ 93.002. INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY,
AND EXCLUSION OF COMMERCIAL TENANT.

 

......

 

(c) A landlord may not intentionally prevent a tenant from
entering the leased premises except by judicial process unless the
exclusion results from:

 


(1) bona fide repairs, construction, or an emergency;

 


(2) removing the contents of premises abandoned by a
tenant; or

 


(3) changing the door locks of a tenant who is
delinquent in paying at least part of the rent.

 


(d) A tenant is presumed to have abandoned the premises if
goods, equipment, or other property, in an amount substantial
enough to indicate a probable intent to abandon the premises, is
being or has been removed from the premises and the removal is not
within the normal course of the tenant's business.

 

 

Therefore, your daughter would have every right to remove the padlock because the landlord's action was contrary to the Texas Statute which I provided for your reference,

 

Additionally, under Texas law, a landlord can charge a late fee only if it is provided in the lease and the late fee must be reasonable. The landlord charging a 20% late can hardly be called "reasonable" . and would be determined to be quite excessive,

 

____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11576
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 9 other Legal Specialists are ready to help you
Customer: replied 12 months ago.

Hi Angela,


 


You did a wonderful job of answering my question. However, please be advised that I do not want a membership with monthly fees. Please terminate my membership, if there is one.


 


Again.......thank you!

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