Private members-only forum

Property Boundary / Easement — commercial landlord locked me out

Started by need_help_buyer_MA · Aug 26, 2024 · 1,549 views · 4 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_buyer_MA OP

Has anyone dealt with something like this? I'm not sure what my options are.

commercial landlord locked me out. I've been dealing with this for about 9 months now and the situation isn't improving.

I have been renting for 1 years. My monthly rent is $2,207. I have a written lease.

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

WE
worried_employee_NY

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

JC
just_curious_business_owner_legal

NAL, but from what I've read, you should document everything. That said, definitely get a lawyer to look at the specifics.

PN
Photographer_NYC

I've dealt with this before.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

RL
RealEstateLitigator_BOS Attorney

Commercial tenant lockouts are taken very seriously in Massachusetts. What your landlord did is almost certainly an illegal self-help eviction, which is prohibited under M.G.L. Chapter 186, Section 14. Even in commercial lease disputes, a landlord cannot simply change the locks without a court order.

Here is what you should do immediately:

  • Document the lockout with photographs of the changed locks, timestamps, and any communications from the landlord
  • Send a written demand letter (certified mail) to the landlord demanding immediate restoration of access
  • File for a Temporary Restraining Order (TRO) in Superior Court -- judges typically grant these within 24-48 hours in lockout cases
  • Calculate your damages: lost business revenue, spoiled inventory, employee wages paid during closure, emergency costs

Under Massachusetts law, if the lockout is found to be an illegal eviction, you may be entitled to three months rent or actual damages (whichever is greater), plus reasonable attorney fees. This is a statutory remedy under Section 14, which means you do not need to prove the landlord acted in bad faith -- the lockout itself is the violation.

One important distinction: commercial tenants have fewer protections than residential tenants in most states, but Massachusetts is more protective than average. The key question will be whether your lease contains a self-help clause that purports to allow the landlord to retake possession without court process. Even if it does, many courts have found such clauses unenforceable when they result in a complete lockout.

Do not delay on this. Every day you are locked out increases your damages but also gives the landlord an argument that you abandoned the premises. Get a commercial litigation attorney involved today.