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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We are renting commercial space restaurant. the lease is

Customer Question

we are renting commercial space for a restaurant. the lease is for 5 years and ends April 2017. I am personally liable also. I inherited some money and have used it to cover the business losses so far. Now the money is gone & we (the business) are unable to pay rent.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: we are behind on payroll & state sales tax also
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Roger replied 3 months ago.

HI - my name is ***** ***** I'll be glad to assist.

What is your question?

Customer: replied 3 months ago.
how late must the rent payment be for the landlord to lock-out the tenants? I don't see anything specific in the lease agreement. Do landlords ever allow tenants to "skip" rent payment for 2-3 months, and then catch up later?
Expert:  Roger replied 3 months ago.

Ok. Thanks.

There is no set period of time that a landlord is required to wait. So, if rent is a day late, it is possible for a lock out to occur. However, this is usually not done until rent is a month or more late. Also, the landlord must follow a specific procedure of posting notice to you, etc. Here's a goo link you can read:

Expert:  Roger replied 3 months ago.

Thus, this could happen any time......but you'd be entitled to notice of the lock-out and you'd have the right to re-access your rental space after settling up with the landlord.

As for working out a deal, that all depends on the landlord and whether he/she is willing to reach a resolution that doesn't involve an eviction.

Expert:  Roger replied 3 months ago.

Since you're personally liable for the lease/debt, you should certain consider reaching out to the landlord as soon as you can to ensure that you don't have any issues that will affect you personally.

Expert:  Roger replied 3 months ago.

Please let me know if you need anything further. Thanks!

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