Wednesday, September 14, 2011

Can commercial landlord change locks.?

My commercial landlord changed the locks and had the local police chief follow him to my home to notify me. It's a small town in Indiana and the landlord knows everyone. I was behind on the rent, but he did not give me any notice, just showed up with the police. His lease states he has to give 30 days written notice, and he showed me aletter he dated July 1, 2008. Which I never received, he even brought me his car to repair in mid August? Is this legal? There was no court order, and I have over 50 thousand dollars worth of equipment in this shop.Can commercial landlord change locks.?
Yes, this is legal. The daddy of nine is quoting residential law, commercial is a different ball game.



You are locked out until you pay the rent in full. Completely, 100% legal.



His 30 days notice is for evicting you, not collecting rent. Rent is due when it is due, he does not have to notify you of it, you know when you are expected to pay.Can commercial landlord change locks.?
It sounds like your landlord has illegally locked you out. This is how an eviction works.



1. Landlord mails or posts a notice on the front door. The notice could be a 3 day pay or quit notice for failure to pay rent or a 30 day notice for no cause whatsover. The specifics vary from state to state but that's the basic idea. In your case you say you didn't receive the letter. Unfortunately, my experience tells me a judge would believe the landlord.



2. If you don't respond adequately the landlord's next step is to file in court for eviction or unlawful detainer as it is known. You would be served an official notice that you are being taken to court and instructions of how to respond.



3. If you don't show in court the landlord wins by default. If the landlord wins, either by judgement or default, he still can't lock you out. This just results in a court order saying you have to vacate.



4. If you fail to abide by the court order to vacate the landlord has to go to court again, this time to get an order instructing the sheriff to forcibly remove you from the premises. When that happens the sheriff will usually give you a few days notice so you have time to get your stuff out.



5. If you're not out by the time allowed by the sheriff's notice they come and forcibly remove you. All you're allowed to take with you is what you can carry in your arms.



6. Once you're out the landlord takes possession and only then does he have the legal right to change the locks. Until you vacate the premises, either by choice or by force, you have possession and only you can change the locks.



From your description it appears there are several departures from this procedure. Given the $50K in assets at stake and the fact that it also probably affected your ability to earn a living, I would venture to say you have an excellent case if you sued the landlord for unlawful eviction.Can commercial landlord change locks.?
On Tuesday, you need to go to court and seek an order to show cause this will be a court order that will allow you back into the commercial property, Can commercial landlord change locks.?
What I can tell you is that the other replies you've received are dead wrong. They are quoting general landlord/tenant residential laws. Commercial lease laws are quite different. Since the police were involved, I'm assuming the landlord followed proper procedures in order to have you vacated. Check your local %26quot;COMMERCIAL%26quot; landlord/tenant laws.