CAN I BE LOCKED OUT OF COMMERCIAL RENTAL FOR NON PAYMENT OF RENT?
Question Details:I RENT AUTO REPAIR SPACE BUT DUE TO A SLOW DOWN IN BUSINESS I GOT BEHIND IN RENT. JUST AS BUSINESS WAS PICKING UP THE LANDLORD DEMANDED PAYMENT OR HE WOULD LOCK ME OUT. I TOLD HIM THAT I HAVE THE WORK COMING IN TO CATCH UP THE RENT. HE STILL LOCKED ME OUT AND SHUT OF THE UTILITIES. I HAVE 4 CUSTOMERS CARS IN THE SHOP THAT I CAN'T WORK ON TO GET PAID AND I HAVE LOST A COUPLE OTHER JOBS BECAUSE I DIDN'T HAVE A PLACE TO WORK ON THEM. IS THIS LEGAL AND DO I HAVE ANY RECOURSE FOR LOST INCOME?
The landlord is not permitted to simply lock you out for not paying rent. Rather, the landlord must comply with the state laws regarding evictions. In other words, the landlord is required to serve you with a notice to quit/eviction notice that terminates your lease. he must give you at least 5 days to move out of the premises. If you then fail to move out of the premises, the landlord is required to file an eviction action with the court to obtain an order froma judge that determines, after a trial, that you are not permitted to remain at the premises. Unless this procedure is followed, the landlord is breaking the law and may be sued for damages. I suggest hiring a lawyer ASAP and filing a lawsuit.
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