Can a landlord lock me out of my commercial space and demand that I still pay the remainder of my lease?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a landlord lock me out of my commercial space and demand that I still pay the remainder of my lease?

I’m renting a commercial space in my county for the purpose of Band Rehearsals (stated on lease). Last week an old heater supposedly leaked onto the tenant below us. They gained access to our room and replaced the leak pipe and changed the lock. We were never notified by phone of the emergency. A band mate went to the space later that day and noticed the change of lock. We notified the manager and she said they found evidence of partying and weed and we had to remove our stuff and pay the lease off. We were able to gain entrance and took our equipment. We later found out a $2000 amp was missing.

Asked on February 7, 2011 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

1) Landlords may NOT simply lock tenants out: to evict you, they must go through the courts. The timing is more streamlined for a commercial eviction than a residential and commercial tenants enjoy somewhat less protection; that said, there still must be a judgment in the landlord's favor before an eviction. You may sue the landlord for an improper eviction.

2) A landlord may NEVER simply take your belongings, unless you gave the landlord the right (e.g. offered them the amp in exchange for one month's rent). If the landlord took deliberately, it's theft; even if they simply carelessly allowed it to stolen, you could sue them.

3) Whether you have to pay the remainder of the lease or not after being evicted depends on circumstances, but at the point at which you are illegally evicted, you may not have to pay from that point forward.

You should speak with an attorney with landlord-tenant experience.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption