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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33791
Experience:  15 years real estate, Realtor. Landlord 26 years
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I'm a landlord of a retail food store in Nassau County. My

Customer Question

I'm a landlord of a retail food store in Nassau County. My tenant has not paid rent for six months. My lease says I have the right to enter the premises by force or otherwise if the tenant fails to pay the rent. It also says I can put a lien on the contents of the premises. Since this is a contract signed by the tenant, can I act on it without going to court?
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Is there anything else important you think the Real Estate Lawyer should know?
Customer: The retail space is a small restaurant. I have been told the space is worth more with the kitchen intact. I'm concerned that the tenant will try to auction off the appliances if I don't act quickly.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..If you have a "lock out" clause in your lease, then legally you can go in and change the locks and retake possession of the property legally if the tenant is in breach. .So yes, in a commercial lease, you can enforce the terms of the lease to retake possession of the property. However, you will still have to file to formally evict the tenant even if you have retaken possession. But with you in possession, you can file suit for damages and then get a judgment which you can use to file a lien on any of the tenant's assets to force a sale of them. You don't get to just keep them though, unless you work something out with the tenant....thanksBarrister

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