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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118669
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I have two booth renters that are harassing me threating me

Customer Question

I have two booth renters that are harassing me threating me trying to turn all my stylist against me telling me that they have 30 days reaking Havick in my salon I told the one stylist Saturday I wanted her gone I had the locks changed yesterday ... Can I pack her stuff call her tell her to come get it and cut her lock off and have a police officer precent .. I have read in NC 7 days but however I can choose to change locks and lock them out which I've done .
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In NC, you have the right to a lock out (self help as it is known) ONLY if ALL of the following apply: (1) it is a commercial lease (i.e. lease for business purposes); (2) the tenant remains in the property after the term of the lease expires (what is known as a holdover tenant) or the tenant materially violates a term of the lease; (3) the landlord gives all required notices under the lease (such as a termination notice or right to cure notice); (4) the lease specifically allows the landlord to use self-help measures; and (5) the self-help is conducted without a breach of the peace. If any of these conditions is not met, then self-help is not an option.

While you have some of the factors, you do not have them all. Thus, self help could give her grounds to sue you for breach of lease and get damages against you. What you need to consider is suing for breach of lease and as part of that suit file an ex parte motion for temporary restraining order keeping her from the premises based on the irreparable harm her conduct will cause your business.

You would sue her for breach of contract, tortious interference with your contracts (customers) and also harassment.

It is time, I am afraid to get your local lawyer involved and get rid of her properly, because if you use self help you can open yourself up to giving her legal claims, where right now she would not have any and you have the legal upper hand.