What is the name of your state? Arizona
I have a commercial (business, not residential) renter who is behind in rent, and I would like to do a lockout.
I rented my auto repair shop out in Feb 2007 the lease was for 6 months, we did not renew the lease in writing, so I assume it was a month-to-month basis for the last 6 month period. However, during the non-written 6 month period beginning September 2007, he is behind in rent over 5 months for a total of $16,800.
I requested he acknowledge and sign a statement today that he has to vacate before March 1st if he does not pay back rent plus March rent, but He said to me today "oh you can't, I have renters rights, can't lock me out!"
Can I simply lock the gate at Midnight February 29th, or must I file some court paperwork and give him a written notice? I thought only "residential tenants" were eligible for a 5 day written notice. This isn't residential, it is commercial, with no written lease, the auto-extension expired, and he's over 5 months behind in rent.
The only statement in the last written lease stated:
"# 6 Fixtures and personal property (contract which has run out)
Lessee shall supply and install all trade fixtures, movable equipment, supplies, inventory, merchandise and other personal property used in or on the premises. Such trade fixtures, vehicle hoists, movable equipment, supplies, inventory, merchandise and other personal property shall at all times be and remain the property of Lessee, which shall have the right to remove the same from the premises at any time during the term of this lease."
What can I do?