As a business can the landlord lock my shop because of unpaid rent

Asked over 4 years ago - Lancaster, CA

i am a month past due and the landlord threatened that he was going to lock my place up. Can he do that. lease says that he can terminate the lease due to unpaid rent.

Attorney answers (3)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . Absolutely not. If you're in breach of your lease, your lease presumably says that your landlord has to use the proper legal procedures to evist you, by serving you with notice, then suing you for unlawful detainer, then getting a judge to issue a possession order.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Frances Miller Campbell

    Contributor Level 15

    Answered . No. The landlord can never take matters into his own hands and lock up your property. To do that, he needs to serve you with a proper notice and file (and win) an unlawful detainer lawsuit against you. If the landlord locks you out, call the police.

  3. Cameron Royal Kelly

    Contributor Level 10

    Answered . State laws prevent self help by landlords because of the obvious problems that would go along with self imposed remedies. If your landlord locks up your shop you should immediately hire a local attorney to ask a judge to remedy the problem. That said, an eviction action/unlawful detainer is a pretty quick process. If you haven't already paid your rent you should make arrangements to do so or begin preparing for other options.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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