In the web of business relationships, the dynamics between commercial landlords and tenants can be fraught with complexities. One such contentious issue that often arises is the practice of landlords locking out tenants. This action, which involves denying access to the leased premises, can have significant consequences for both parties involved if not done according to the law.
In this blog post, we’ll delve into the various aspects surrounding this practice, the legal implications it holds for businesses, with specific insights from the Texas Property Code 93.003.
Understanding Lockouts:
At its core, a lockout occurs when a commercial landlord prevents a tenant from accessing their leased space, typically due to non-payment of rent or lease violations.
In Texas, the Texas Property Code 93.002 provides guidelines regarding commercial landlord-tenant relations, including provisions related to lockouts. Under Texas law, a commercial landlord may not change the locks on a commercial leasehold for a tenant who is behind in paying lease payments without first:
1.) Placing a note on the outside door of the leasehold stating the name, and address or telephone number of the individual or company from where the entry key may be obtained;
2.) A Best Practice is to state on the note the amount of delinquent rent to be paid prior to receiving the key;
3.) The commercial landlord is only obligated to provide the key after the delinquent rent is paid and during the tenant’s regular business hours.
4.) Fees and fines and Court orders are associated with violations of the above BUT, as always, a commercial lease, if it has terms contrary to the Texas Property Code Statute, TPC §93.002 et al, the commercial lease supersedes the statute.
Get Experienced Help
Should you be a commercial landlord who is contemplating a lock-out, schedule a consultation with Sprigg-Novak Law, who will guide you in the procedures and provide a viable litigation backstop to your commercial lease 214-216-1667.
