Commercial Lease - Lockout?

[BuffaloBusiness]

What is the name of your state? New York...

If I own a commercial property, can I, who has leased commercial space to a business, lock them out without notice of eviction or 3-day "pay-or-quit" notice? It is for non-payment of rent - approximately 40 days behind.

Thanks...

[HomeGuru]

What is the name of your state? New York...

If I own a commercial property, can I, who has leased commercial space to a business, lock them out without notice of eviction or 3-day "pay-or-quit" notice? It is for non-payment of rent - approximately 40 days behind.

Thanks...

**A: what does your written lease agreement state with respect to remedies for failure to pay rent?

[BuffaloBusiness]

Well, I am the one that got locked out, and convieniently, my lease is in my office...So, I can't answer that...

[HomeGuru]

Well, I am the one that got locked out, and convieniently, my lease is in my office...So, I can't answer that...

**A: that's interesting. Your post alluded to the fact that you were the landlord.

[BuffaloBusiness]

It was an example....But I am the one that was locked out....So can they legally do this without serving some sort of notice? I did a bit of research, and all I could find was laws pertaining to residential evictions, but nothing about commercial. Any help would be greatly appreciated.

I have a lot of confedential stuff in my office, I am certainly concerned about that as well as my office equipment...There is some expensive stuff in there?
Thanks.

[HomeGuru]

It was an example....But I am the one that was locked out....So can they legally do this without serving some sort of notice? I did a bit of research, and all I could find was laws pertaining to residential evictions, but nothing about commercial. Any help would be greatly appreciated.

I have a lot of confedential stuff in my office, I am certainly concerned about that as well as my office equipment...There is some expensive stuff in there?
Thanks.

**A: your case is not governed by the NY L/T law which applies to residential only. Your case falls under the general contract law. Why don't you contact L and ask who gives him/her the right to lock you out. I am sure they will cite the clause in your lease. Or better yet, pay the amount due and owing to have them open up.

[BuffaloBusiness]

We are closing the business due to a lack of funds, so unfortunately, paying them right now won't be an option...Other than paying them, is there any potential remedy for getting my stuff back?

[aabbcc]

The landlord probably has a "landlord lien" against your office equipment. The only way to get it back is to pay the rent. You need an attorney as they will likely file suit (if they haven't already) for amounts owed in the lease.

[BuffaloBusiness]

The landlord probably has a "landlord lien" against your office equipment. The only way to get it back is to pay the rent. You need an attorney as they will likely file suit (if they haven't already) for amounts owed in the lease.

What about the confidential documents and such that I have in there? Can I get those, or no?

[aabbcc]

I'm certainly not an attorney, but I never heard of a landlord's lien excluding confidential documents. If this were an exception, it could easily be abused. One could say all the office equipment (such as computers) contains confidential information.

This is why I suggest you contact an attorney.

[Cvillecpm]

IMPORTANT business documents * and your lease would certainly qualify * should be kept in a safe deposit box or OFF SITE of your office for security purposes.

That said, contact your landlord, pay the $$$ you are behind, get BACK into your office and get your copy of your lease and THEN go see your attorney.

I'm curious why you have not called a locksmith and REKEYED the locks to get back in....that would be my first action.

[Hot Topic]

Since you posted that you can't pay the landlord now, the issue of your property may not be addressed until you're in court for being a deadbeat tenant.

[BuffaloBusiness]

IMPORTANT business documents * and your lease would certainly qualify * should be kept in a safe deposit box or OFF SITE of your office for security purposes.

That said, contact your landlord, pay the $$$ you are behind, get BACK into your office and get your copy of your lease and THEN go see your attorney.

I'm curious why you have not called a locksmith and REKEYED the locks to get back in....that would be my first action.

Do I have the legal right to do this? I will do it on Monday as long as its legal...

[Cvillecpm]

DUAH!! - how do you know if it is LEGAL if you don't have a copy of your lease?....better to ask forgiveness than permission.

Monday is a HOLIDAY. Don't tell the locksmith your "story".....you lost your keys and need to secure your office by changing the locks.