Evicted without notice from business today

[Andrew]

Hello,
A very good friend was evicted from his business today. He has a shop in a shopping center. This is a new business for him and he is just getting started. He is a couple months behind in rent. Today during his open hours the police, a lock smith and some of the centers management came to his shop and closed him. They did not even let him pick up a thing, not even able to empty his cash drawer. The lock smith changed the locks on his doors so he could not get back in. He was never given notice from the shopping center that he was behind in rent and that actions could be taken. He is to call the shopping centers lawyer tomorrow.

This is stupid. How is somebody to make any money to pay rent when their shop is closed? Wondering if they can do this? I have heard that with rental homes, it is law that they give 30 days notice. What are his next steps? Would appreciate any info. Thanks, Andrew

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Andrew:
Hello,
A very good friend was evicted from his business today. He has a shop in a shopping center. This is a new business for him and he is just getting started. He is a couple months behind in rent. Today during his open hours the police, a lock smith and some of the centers management came to his shop and closed him. They did not even let him pick up a thing, not even able to empty his cash drawer. The lock smith changed the locks on his doors so he could not get back in. He was never given notice from the shopping center that he was behind in rent and that actions could be taken. He is to call the shopping centers lawyer tomorrow.

This is stupid. How is somebody to make any money to pay rent when their shop is closed? Wondering if they can do this? I have heard that with rental homes, it is law that they give 30 days notice. What are his next steps? Would appreciate any info. Thanks, Andrew<HR></BLOCKQUOTE>


My response:

Do you see that writing in RED, above? Without a State name, we can't even attempt to assist you, if we're even able to assist you at all. Laws are different everywhere.

IAAL


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[Andrew]

Sorry, This is in Kansas City Missouri. A

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Andrew:
Hello,
A very good friend was evicted from his business today. He has a shop in a shopping center. This is a new business for him and he is just getting started. He is a couple months behind in rent. Today during his open hours the police, a lock smith and some of the centers management came to his shop and closed him. They did not even let him pick up a thing, not even able to empty his cash drawer. The lock smith changed the locks on his doors so he could not get back in. He was never given notice from the shopping center that he was behind in rent and that actions could be taken. He is to call the shopping centers lawyer tomorrow.

This is stupid. How is somebody to make any money to pay rent when their shop is closed? Wondering if they can do this? I have heard that with rental homes, it is law that they give 30 days notice. What are his next steps? Would appreciate any info. Thanks, Andrew<HR></BLOCKQUOTE>

He needs to hire an attorney if he does not know what his legal rights are. His tenancy is not governed by the residential L/T laws since he has a commercial lease. Therefore the provisions in his lease apply as long as the terms and provisions do not contradict State law. I do not think that your friend has told you the complete story. In a commercial lease, the landlord has more rights as compared to a residential lease. I have seen commercial leases with a 5 day Lock-out and Surrender clause. If T has not paid rent when due, 5 days after the due date, the landlord has a right without notice to cancel the lease and immediately regain possession of the leased premises.