Can you lock out a commercial tenant when they haven’t left the premises?
Some landlords (at least those who have not yet been sued) still believe that it is legal to "lock out" a commercial tenant who has not unequivocally abandoned the premises. A great many form leases give this right to the landlord (i.e:, "with or without force"). Some courts, growing in number, hold that virtually any nonviolent entry that is made without the express consent to a tenant is an actionable wrong by a landlord. This white paper reviews what happens if a landlord resorts to self-help; as well as discusses waivers and unlawful detainers.
Agenda
Faculty
Gary S. Rubenstein
Schulman, LeRoy & Bennett, P.C.
- Principal with the law firm of Schulman, LeRoy & Bennett, P.C.
- Practice consists of insurance defense, surety bond issues, and landlord-tenant matters
- Board member of the Tennessee Apartment Association
- Frequent lecturer on landlord and tenant issues
- Teaches business law at the Gupton School of Mortuary Science
- J.D. degree, Vanderbilt University; B.A. degree, Purdue University
- Can be contacted at 615-244-6670 or [email protected]
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