Can a landlord serve an eviction notice and lock out a tenant to prevent them from vacating when the lease allows 5 days in such a case?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a landlord serve an eviction notice and lock out a tenant to prevent them from vacating when the lease allows 5 days in such a case?

Corporation leases commercial office space and is behind on the rent. Landlord hand delivered eviction notice (not court order). Fair enough. Lease allows 5 days to vacate and surrender the premises upon eviction. However, landlord changed the locks and took possession of all the corporation’s property, not allowing it to vacate, unless overdue rent is paid. How can tenant gain access to retake possession of its property and vacate?

Asked on November 16, 2011 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A landlord is not allowed to change locks unilaterally, without first getting a judgment of possession from the courts in its favor. And it's not allowed to confiscate a tenant's property, unless the property is deemed abandoned, which generally either requires that some time pass after the tenant is locked out (or that there is a provision in the lease stating that anything left after a court-ordered lockout is deemed abandoned). Other things you landlord has done wrong include holding your property hostage in exchange for overdue rent, and violating the terms of the lease in regards to surrendering the premises.

In short, the landlord has violated the law. You can sue the landlord for access to your goods and also for monetary damages; you should consult with an attorney right away about doing this. In cases where  a party can suffer "imminent harm," such as by being kept away from its own property, the courts can act faster than they do in the usual run of cases, providing you relief in days or weeks.


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