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Mold / Health Hazard in Rental — commercial landlord locked me out

Started by need_help_worker_2024 · May 16, 2022 · 1,207 views · 2 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NH
need_help_worker_2024 OP

I've been trying to resolve this on my own but I'm stuck.

commercial landlord locked me out. I've been dealing with this for about 8 months now and the situation isn't improving.

I have been renting for 5 years. My monthly rent is $1,650. I have a written lease.

Am I overthinking this or is this a real legal issue worth pursuing?

AB
AgentBroker_TX

I've dealt with this before.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

AH
anon_homeowner_today

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

SL
SmallBiz_LockedOut

Commercial landlord changed the locks on my retail space while I was closed for the weekend. I'm 15 days late on rent (had a bad month). All my inventory, equipment, and business records are inside. They're demanding full payment plus 3 months of "accelerated rent" before they'll let me in.

CA
CommercialLease_Atty

This depends entirely on your state and lease terms. Unlike residential tenancies, commercial lockouts ("self-help eviction") are legal in some states:

  • Texas: Commercial landlord self-help is explicitly permitted under the lease if the lease allows it.
  • California: Generally prohibited — landlords must go through formal unlawful detainer even for commercial tenants.
  • Most states: Fall somewhere in between — self-help may be permitted for commercial leases if done peaceably and the lease explicitly authorizes it.

Regardless of the lockout's legality, your landlord likely cannot hold your personal property (inventory, equipment) hostage. Most states have separate rules about landlord liens on tenant property, and many require a court order before the landlord can sell or dispose of it.

Immediate steps: (1) Review your lease for lockout/re-entry provisions, (2) send a written demand for access to retrieve your property, (3) if in a state that prohibits commercial self-help, contact a lawyer about emergency injunctive relief, (4) do NOT break in — that creates criminal liability for you.