Can we lock out a tenant who is in default for non-payment on a commercial lease?

Asked over 2 years ago - Chicago, IL

We have a tenant who is 2 mos behind. We've given them every opportunity to pay their rent. Can we lock them out for non-payment?

Attorney answers (3)

  1. Michael Emmet Forkan

    Contributor Level 9

    2

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    Answered . A landlord cannot lock out or remove a tenant without a court order. A landlord must bring a forcible entry and detainer suit in order to end the tenant’s right to possession of a commercial property.

    Even if the lease has a provision that states the landlord can lock out a tenant. You still have to go into court and get a court order the landlord must have a court order before they can lock out or take away possession of the commercial space from the tenant.

  2. Gini S. Marziani

    Contributor Level 13

    3

    Lawyers agree

    Answered . Dear Landlord: Illinois does not allow self help. You must serve the Tenant with a Notice of Termination of Right of Possession or a Notice of Termination or a Notice to Quit so that the court can obtain jurisdiction. If after proper service of one of these Notices, the Tenant still does not comply, then you must file an eviction action and serve the Tenant with a Summons and Complaint.

    This process is very technical and I recommend that you retain competent counsel who is familiar with the law and the court system in Cook County to handle the matter for you. Otherwise you risk further delay.

    Hope this helps. Good luck.

    This is not legal advice and is not intended to create an attorney-client relationship. The post is only an... more
  3. Jeffrey Logan Whitcomb

    Contributor Level 13

    Answered . Do not lock out the tenant. If you do, you may find yourself as a defendant in a wrongful eviction lawsuit. File a Notice of Termination and follow the legal path.

    Good Luck.

    Jeffrey Whitcomb
    Whitcomb Law Firm, Ltd.
    www.whitcomblawfirm.com

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