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Question
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
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
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Answers by Expert:
Jim Avancena, CPM
Expertise
Best qualified to answer questions that involve commercial leases, that is, basic issues as well as the often unexpected effects of the complexities and inter-relationships of the provisions a lease may contain, explain how seemingly innocuous text in your lease can have a major impact on a Tenant or Landlord and their business operations, and the common practices utilized in the industry. I can untangle most matters that may come up from the time a tenant begins searching for a office or store space and the lease acquisition process, concerns related to remodeling/improving the leased premises, moving-in, subletting or assigning the leased space, and a long list of problems that may come up during the lease term and even after a tenant moves out. I have practical experience with most property management issues and resolving landlord and tenant disputes - especially those involving what may appear to be overcharges assessed for additional lease charges like CAM costs, operating expense reimbursement, real estate taxes, utilities, construction improvements etc. Note that I am not an attorney and cannot provide legal advice.
Experience
Thirty years active experience in the commercial real estate industry as a licensed real estate broker in the Washington DC Metro area (DC, Northern Virginia & Maryland). I have been admitted (approved) by the Maryland and DC courts to testify as an expert witness on the subjects of Commercial Leasing and Property Management in the area of standard industry practices. I have had a business for the last 14 years advising virtually every form of business entity from large national corporations to the smallest ma & pa new businesses regarding a wide range of commercial real estate matters in addition to property management and commercial leasing.
Organizations
Currently my three children keep me so busy that it is difficult to participate in organizations with continuing and specific time requirements.
Publications
I publish a local commercial real estate newsletter titled: "Tenants First". My firm was the subject of a high profile Washington Post business section cover page (2.25 full pages) feature story on January 13, 1993; titled "Overcharging Overhead".
Education/Credentials
BA in Political Science from Memphis University, and five years of study in the real estate development summer program at MIT. I was certified as a commercial property manager (CPM-IREM), and currently hold a brokers license in Maryland and the District of Columbia.
Awards and Honors
The same plaques and honors that most others in my industry have earned. I have none that I consider especially meaningful.
Past/Present Clients
Past clients include: The World Bank, George Washington University, National Association of Criminal Defense Attorneys, US Department of Commerce, The American Benefits Council, K-Mart Development, many law firms, a national union, other major organizations, and many, many small business firms and retail operators that I am most honored to serve. I estimate more than 1,500 firms/organizations.
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