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Commercial tenant is in arrears. Refuses demand 4 bldg. OK to change lock?Own a commercial storefront. Tenant 21 days in arrears. Voice mailbox full. Emailed demands for return of property unanswered. Plan is to deliver demand to property and send same certified mail then change the locks. Are there any COMMERCIAL tenant rights I'm unaware of before I change the locks? Attorney answers (3)
Unless the lease specifically waives the tenant's rights to it, you will have to file a dispossessory with the court and allow them a chance to respond to the eviction.
If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you. The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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Reputation Level 14
Answered over 2 years ago.
Real Estate Attorney in Atlanta, GA.
The number one document which governs both the landlord and tenant's rights in a commercial lease is the lease itself. It may or may not give you the right of entry, the right to change locks, etc. Generally speaking you want to avoid "breach of peace" in effecting any self-help remedy (changing the locks is considered self-help). Because the tenant is going to yell and scream when his property is locked up, it is difficult to effect this remedy without getting crosswise with the law.
If you have unequivocally demanded possession (and a demand which says, "if you pay me you don't have to move out" is NOT an unequivocal demand for possession, then you can proceed to filing an eviction process (dispossessory) in the county wherein the property lies. Once the tenant is served he has 7 days to answer and a hearing is generall scheduled within 3 weeks. Nothing in this posting on www.avvo.com shall be deemed to create an attorney client relationship. In the event you require specific advice on the legal steps to take, you should consult with an attorney of your choosing and discus such matters in private in order to protect the attorney client privilege. This attorney is licensed in Georgia only. 
Reputation Level 9
Answered about 2 years ago.
Real Estate Attorney in Atlanta, GA.
Your lease is your roadmap to this situation (or should be if it is well written). You will need to provide the required notices, then in all likelihood go through the dispossessory process. With the exception of cases where a tenant completely abandons property--and takes all of its personal property with it-- a dispossessory is almost always the smartest way to proceed to minimize costs and forestall later claims of destruction of personal property and equipment or unreasonable/disturbing the peace measures taken by a landlord.
Good luck. Kindly note that, as we have not discussed any particular facts of your situation or entered into any agreement to provide legal services, this is not legal advice and we do not have an attorney-client relationship. Related Questions3 Attorney answers: 
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