Lock Out Law

[tahmelapachme33]

my friend has a commercial property  and the renters have not paid rent in 3 months  he need to know how he can lock them out

[Avisha]

Mike-

This is a legal question regarding the law in your particular jurisdiction.  Many states allow what is referred to as "Self-Help", and many do not.  You need to determine if Self-Help is legal in your state.

To make this complicated, many leases include provisions that stipulate that the landlord has the right to use "Self Help" if necessary, when in fact, state law does not allow it in the state.    You will need to make that discovery.

You can remove the tenant the longer, legal way if you choose.  You can file a landlord / tenant court action calling the tenant to court on a certain date for the judge to hear both sides of the dispute and then make a legally enforceable ruling requiring the tenant to vacate the premises.

You must give the tenant written notice before or ON THE FIRST DAY of a month advising the tenant that he owes you $ X dollars in rent and that it is your intention to have him evicted once he attends court on the date agreed.   If the judge rules in your favor in court, you may them take the court judgement with you to the marshals office asking for them to issue you a "Writ for Eviction".   When you have the writ prepared you go to the sheriff and ask him for the first date he is available to act on the writ.  When a date is agreed upon, the sheriff will take a copy of the writ to the door of the premises occupied by the tenant and attach it.  Usually this is done the the day before the sheriff arrives to evict the tenant.

On the date specified on the writ you and the sheriff will both show up at the tenant premises and the sheriff will remove the tenants from the premises.  Once you have moved EVERYTHING out of the leased space, you are allowed to change the locks, close the door and leave.

Some states allow you to simply put the tenants belongings out on the curb.  It is a unpleasant sight. Soon after people will begin taking things out of the mound of things and taking them away.

Other states require that you move the personal property to a storage facility.  If the tenant wants his property back, you are required to provide them access if they pay you the cost of the storage facility.

You will need to discover the law in your particular state.

Beware of trying to remove the tenant on your own.  In some cases that can end up as a violent confrontation with weapons and gunshot wounds.   That is the reason the sheriff removes the tenant in the court procedure method.

Be careful and don't take any risks.

-Jim