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Commercial lockout while trying to move

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thymekiller

Junior Member
What is the name of your state?What is the name of your state? Texas

Hi. I have a question that no one else seems to have answered yet. About 2 years ago, we rented a building intended for use as an auto repair shop. There was a large room attached to the building, (originally a paint booth), that we decided to make into living quarters, so we could live where we worked. There was no written lease agreement, just a verbal one. We got behind on the rent, and finally decided that we could no longer afford to rent that building. We discussed it with the landlord, and agreed that we would move. The move has been a long, drawn out process, as we are still trying to earn a living, and move both house and shop. The landlord had given us no warning of any problems, however, when we returned to the property today to remove some customer cars and my husband's tools, we found the locks had been changed, and we can no longer get in. My question is this: if we lived in the building, can this be considered residential property, and governed by the same laws that relate to residential property, or is it still considered commercial property?? We called about the key, since my husband had access to the flatbed truck to move the cars, but we were denied access. The property cant be considered abandoned, since we were there the day before, moving items out. We were never served an eviction notice, nor were we warned about the lockout. Can he legally prevent us from removing the tools and the cars on this property, without some kind of warning?? The The Texas property code was clear on the rights of residential tenants, but a bit unclear on the rights of commercial tenants, and I saw no mention of tenants living at their place of business. Thanks for all your assistance in this matter!!!
 


ENASNI

Senior Member
thymekiller said:
What is the name of your state?What is the name of your state? Texas

Hi. I have a question that no one else seems to have answered yet. About 2 years ago, we rented a building intended for use as an auto repair shop. There was a large room attached to the building, (originally a paint booth), that we decided to make into living quarters, so we could live where we worked. There was no written lease agreement, just a verbal one. We got behind on the rent, and finally decided that we could no longer afford to rent that building. We discussed it with the landlord, and agreed that we would move. The move has been a long, drawn out process, as we are still trying to earn a living, and move both house and shop. The landlord had given us no warning of any problems, however, when we returned to the property today to remove some customer cars and my husband's tools, we found the locks had been changed, and we can no longer get in. My question is this: if we lived in the building, can this be considered residential property, and governed by the same laws that relate to residential property, or is it still considered commercial property?? We called about the key, since my husband had access to the flatbed truck to move the cars, but we were denied access. The property cant be considered abandoned, since we were there the day before, moving items out. We were never served an eviction notice, nor were we warned about the lockout. Can he legally prevent us from removing the tools and the cars on this property, without some kind of warning?? The The Texas property code was clear on the rights of residential tenants, but a bit unclear on the rights of commercial tenants, and I saw no mention of tenants living at their place of business. Thanks for all your assistance in this matter!!!
Were the landlords aware that you were using a portion of the building as a residence? You may have some leeway. But non-payment of a commercial lease vs Residential lease has different repercussions.

I am out of my league on commercial leases, but maybe I have bumped your thread up to others who are more knowledgeable on this kind of contract.
 

HomeGuru

Senior Member
Did L consent and was L aware to the residential use?
Is residential an allowable use under the zoning ordinance?
 

thymekiller

Junior Member
Yes, the landlord rented us the building knowing that we were going to live in a portion of it. As far as zoning goes, I'm not sure, however, the folks at City Hall knew we were living there, as well as the local fire dept., and the police dept. If we were not zoned to live there, I'm pretty sure someone would have let us know. After much research last night, I am aware of the differences between commercial rights and residential rights pertaining to tenants, however, in this situation, I'm not sure which laws apply. I'm also not clear on whether or not the landlord has to notify us in advance of a lockout. All we really need is for him to allow us to continue moving. Even if he did continue to lock us out, can he keep property that doesnt belong to us?? I know he cant under residential laws. I dont think he can keep my husband's tools, either. Our intention was to vacate peacefully, keeping the verbal agreement that we made with the landlord, and once all our stuff was moved, we were going to surrender the title to a motorhome to him, in hopes that he could sell it for the back rent owed. We had even discussed this recourse with him, and he appeared satisfied. So, as you can see, we are a bit puzzled by his actions. Hope this extra information helps!
 

HomeGuru

Senior Member
thymekiller said:
Yes, the landlord rented us the building knowing that we were going to live in a portion of it. As far as zoning goes, I'm not sure, however, the folks at City Hall knew we were living there, as well as the local fire dept., and the police dept. If we were not zoned to live there, I'm pretty sure someone would have let us know. After much research last night, I am aware of the differences between commercial rights and residential rights pertaining to tenants, however, in this situation, I'm not sure which laws apply. I'm also not clear on whether or not the landlord has to notify us in advance of a lockout. All we really need is for him to allow us to continue moving. Even if he did continue to lock us out, can he keep property that doesnt belong to us?? I know he cant under residential laws. I dont think he can keep my husband's tools, either. Our intention was to vacate peacefully, keeping the verbal agreement that we made with the landlord, and once all our stuff was moved, we were going to surrender the title to a motorhome to him, in hopes that he could sell it for the back rent owed. We had even discussed this recourse with him, and he appeared satisfied. So, as you can see, we are a bit puzzled by his actions. Hope this extra information helps!

**A: since L was aware of the residential use, the Texas L/T law applies notwithstanding your commercial tenancy. Read the L/T law. What L did constitutes an illegal lockout. And L can not steal your persoanl stuff. That would consitute theft. L can lockout your business and hold your business possessions ie. tools and other tools of the trade under the commercial lease real property laws. I say get an attorney and sue this guy big time.
 

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