What is the name of your state (only U.S. law)? OKlahoma I have a commercial property and the tenant is not paying rent. How do I kick her out? Change the locks? Haver her served? She has alot of stuff in the building worth some money. I don't what to give her time to move the equipment. The lease is over 2 months behind.
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Commercial Tenant not paying rent
- Thread starter carlton1
- Start date
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sandyclaus
Senior Member
What is the name of your state (only U.S. law)? OKlahoma I have a commercial property and the tenant is not paying rent. How do I kick her out? Change the locks? Haver her served? She has alot of stuff in the building worth some money. I don't what to give her time to move the equipment. The lease is over 2 months behind.
I suggest you review your lease to see what is and is not allowed. Some states allow you to lock out the commercial tenant and take possession of their business property to offset the unpaid rent.
If it has been a couple of months, and you have made no formal written demand for the payment of rent under threat of eviction, then I suggest that you do that now. Hire a lawyer to get it done right and legally.
What does this mean in the contract?
Ok she has not paid her rent. I would like to just lock the doors, but do I need to do something else? What does this mean?
20.3. Notwithstanding LESSOR'S re-entry and possession of the Premises, LESSOR, upon LESSEE'S default, shall have the right, without notice to LESSEE, and without terminating this Lease, to make alterations and repairs for the purpose of reletting the Premises. LESSOR may relet or attempt to relet the Premises or any part of the Premises for the remainder of the then-applicable Lease term or for any longer or shorter period as opportunity may offer, to such persons and at such rent as may be obtained. Nothing in this Lease shall require LESSOR to relet or make any attempt to relet the Premises, and any reletting shall be done by LESSOR as agent for LESSEE. In case the Premises are relet, LESSEE shall pay the difference between the amount of rent payable during the remainder of the term and the net rent actually received by LESSOR during the term after deducting all expenses for repairs, alterations, recovering possession and reletting the same, which difference shall either (a) accrue and be payable monthly, or (b) be accelerated and become payable at once, at LESSOR'S sole option.
Ok she has not paid her rent. I would like to just lock the doors, but do I need to do something else? What does this mean?
20.3. Notwithstanding LESSOR'S re-entry and possession of the Premises, LESSOR, upon LESSEE'S default, shall have the right, without notice to LESSEE, and without terminating this Lease, to make alterations and repairs for the purpose of reletting the Premises. LESSOR may relet or attempt to relet the Premises or any part of the Premises for the remainder of the then-applicable Lease term or for any longer or shorter period as opportunity may offer, to such persons and at such rent as may be obtained. Nothing in this Lease shall require LESSOR to relet or make any attempt to relet the Premises, and any reletting shall be done by LESSOR as agent for LESSEE. In case the Premises are relet, LESSEE shall pay the difference between the amount of rent payable during the remainder of the term and the net rent actually received by LESSOR during the term after deducting all expenses for repairs, alterations, recovering possession and reletting the same, which difference shall either (a) accrue and be payable monthly, or (b) be accelerated and become payable at once, at LESSOR'S sole option.
I did hire an attorney to write up the lease. He told me he needed to review the lease and figure out what we need to do. ie BILL ME for something I paid for him to write up and know. The simple question is what is the first step in kicking the lady out? Do you just change the locks in Oklahoma or do you have to go to the court house, file paper work and change the locks.
sandyclaus
Senior Member
I did hire an attorney to write up the lease. He told me he needed to review the lease and figure out what we need to do. ie BILL ME for something I paid for him to write up and know. The simple question is what is the first step in kicking the lady out? Do you just change the locks in Oklahoma or do you have to go to the court house, file paper work and change the locks.
We can't tell you because we aren't looking at the full lease papers and are not mind readers.
The attorney wrote up the lease. They are the only ones currently available to you who can interpret what the lease says and whether or not it allows you to lock out the current tenant who is in default of your lease. It is entirely possible that in the process of repairing and preparing the unit for a new tenant that you may need to change the locks and remove their belongings, but without more information, we can't say what is and is not legal or what the proper procedure to do that would be. Your attorney IS the best legal resource because they know that lease.
Most LLs are better informed when it comes to what they can and cannot do in response to a lease breach. Because you left it all up to your attorney to write up and know the rules, you are now left only with the option of paying that attorney to interpret and enforce the terms of that lease within the bounds of Oklahoma law.