the landlord can evict? The commercial LL put a lock on the door and I never received and was never served with a notice; no notice on door or in mailbox. I am two month's behind on rent. I was three month's behind around Dec or Jan and he served me with notice then but I paid the 3 months.
Now, I called LL to let him know I was, in good faith, going to start making payments. I don't know how long lock has been on door but it's been less than a week. I believe I have the right to go to the sheriff to remove the lock for an illegal lockout. Please advise. I do have a 1 year lease, expiring this summer.
in a commercial lease we must always start with an examination of the lease terms especially concening default and the landlord's remedies. i would think that the lease would provide for some sort of notice and process before he can change the locks but i cannot say for sure without reading the lease. Check your landlord's remedies spelled out in the lease upon your default and see if he has followed those terms. if he has not then you can probably remove the locks and reenter. But as i said i cannot advise you how to proceed without reading the lease. Good luck.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline