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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22977
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have a quick question regarding my commercial lease. The

Customer Question

Hi There I have a quick question regarding my commercial lease. The property manager has just sent through a eviction notice today via email. It states that on Thursday they will change the locks of my store unless I have paid the latest November invoice in full. The thing is I have paid and I am up to date with all payments. My question is if the locks are changed and I cannot access the property has the landlord breached the lease contract?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

That is definitely a breach and you could claim damages in the High Court if they try to do this. You must be given a formal notice outlining the breach by failing to pay, if that is what they allege. You can also apply before the due date in their email for protection and an injunction and costs

Customer: replied 1 year ago.
Thanks Chris. I hope you don't mind just wanted to double check with you. This landlord which isn't even the landlord I signed the lease with is the worst I have ever had. I have wanted to terminate this lease for a while as I'm not occupying the space after November however my lease ends in February. I thought this might be a opportunity. If I Ignore contact from the property manager and they change the locks and then after they change the locks I show them the payments would that still mean they breached the lease? I'm just trying to make sure that I don't need to attempt to show them my payments until after the locks have been changed.
Expert:  Chris The Lawyer replied 1 year ago.

Eviction may be an opportunity to solve the problem, but you could repond by saying the payments are up to date. Then see what they do. If they proceed to evict with that information you could claim damages for a breach for wrongful eviction at that point.

Customer: replied 1 year ago.
What would happen if I left it. Not saying I will I just want to know what I should not do.
Expert:  Chris The Lawyer replied 1 year ago.

It could be open to say that this suited you to quit early and you therefore suffered no damages