In a commercial rental, can a landlord give you a 3-day eviction notice and change the locks for being 11 days late with your rent?

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In a commercial rental, can a landlord give you a 3-day eviction notice and change the locks for being 11 days late with your rent?

I am 11 days late on my rent on a commercial building and the landlord gave me a 3-day eviction notice today, and told me he is changing the locks Friday. Can he do that even with a security deposit and last months deposit?

Asked on October 11, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unless Florida law differs from most, your landlord can not change the locks until he has been given possession of the premises by a judge through a summary proceeding.  After the service of a three-day notice and your failure to vacate, a landlord must proceed by bringing a summary proceeding action in a landlord-tenant court.  Once the proceeding is completed and he has been given the right to possession then he can change the locks.  I would take your lease to an attorney in your area as soon as you can.  Make sure that you bring the 3 day notice as well.  If it is defective or is not served properly it can not be the basis of a proceeding. Good luck.


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