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My landlord is threatening to lock my salon and have not…

Customer Question
My landlord is threatening...

My landlord is threatening to lock my salon and have not started eviction paperwork He says he can do it because it’s in his lease

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

North Carolina

Lawyer's Assistant: Has any paperwork been filed?

No Man he says he don’t have to because he put it in his lease Mam im sorry for that

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He tried this months ago the cops wer called and said he didn’t have the right to change the locks without going down town And made him leave the property I just have workers that need to work and i can’t have him. Changing locks while we are open

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/5/2017
Real Estate Lawyer: P. Simmons, Lawyer replied 4 months ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,565
Experience: 12+ yrs. of experience including real estate law.
Verified

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

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Real Estate Lawyer: P. Simmons, Lawyer replied 4 months ago

Can you tell me, is this a commercial lease (so not a residential lease)?

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Customer reply replied 4 months ago
Commercial
Customer reply replied 4 months ago
But down town says he still has to come down there and start paperwork he says he don’t
Real Estate Lawyer: P. Simmons, Lawyer replied 4 months ago

Can you tell me, what does the lease say about this?

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Customer reply replied 4 months ago
I don’t have it but he says it says he can lock me out i really didn’t read it all i just signed it
Real Estate Lawyer: P. Simmons, Lawyer replied 4 months ago

Thanks
I have some thoughts and will type them up...a few mins please

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Real Estate Lawyer: P. Simmons, Lawyer replied 4 months ago

Thanks for your patience

Commercial leases, under NC law, are treated entirely different than residential leases. In residential leases, the landlord MUST go through the court to obtain eviction. Period.

But that is NOT, necessarily, true in commercial leases. Specifically, commercial leases allow the parties to negotiate possession...and if the lease provides that the landlord can terminate the lease and take possession if you break the lease? They do not need to obtain a court order to take this action.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
Hello it’s been longer then a few mins
Real Estate Lawyer: P. Simmons, Lawyer replied 4 months ago

Hmm...I posted the answer already...can you not see it??

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Real Estate Lawyer: P. Simmons, Lawyer replied 4 months ago

Odd...just a moment, I can repost....

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Real Estate Lawyer: P. Simmons, Lawyer replied 4 months ago

Here it is again

Thanks for your patience

Commercial leases, under NC law, are treated entirely different than residential leases. In residential leases, the landlord MUST go through the court to obtain eviction. Period.

But that is NOT, necessarily, true in commercial leases. Specifically, commercial leases allow the parties to negotiate possession...and if the lease provides that the landlord can terminate the lease and take possession if you break the lease? They do not need to obtain a court order to take this action.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
You just literally waited out that time to scam me i will be contacting m bank
Real Estate Lawyer: P. Simmons, Lawyer replied 4 months ago

I have no idea what you are referring to...You asked a question, and I posted an answer...and then reposted when you claimed you could not see it...are you not able to see the answer??

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P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,565
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Experience: 12+ yrs. of experience including real estate law.

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