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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24870
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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when can a landlord lock you out due to non payment of rent

Resolved Question:

when can a landlord lock you out due to non payment of rent in a commerical space?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Pro replied 8 years ago.

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.

Customer: replied 8 years ago.
Are you indicating that there is no "grace period"? What if a rental payment should get lost in the mail? They can still come and lock the doors and confiscate your merchandise?

Expert:  Law Pro replied 8 years ago.
It all depends on the lease contract. There is no statutory mandated grace period in which a LL must give a commercial tenant within which to pay.

To the contrary, usually a lease specifies within by what day a rent payment must be received by the LL.
Customer: replied 8 years ago.
OK, I used to work for a company that eventually went out of business. We had several locations in Texas. Rents were running about 60 days late, and the company would pay them when they received a demand letter indicating that a lock-out would occur if it were not paid within a few days. Does this no loonger apply?
Expert:  Law Pro replied 8 years ago.

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.

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