– The COVID-19 pandemic caused financial damage to the commercial real estate sector, leading landlords to consider rent abatements and eviction proceedings.
– Some landlords opted for self-help tactics, such as changing locks or placing chains on doors, to evict defaulting tenants.
– The use of self-help by commercial landlords varies by state, and it is important for landlords to understand the rules and regulations in each state where they operate. 1) Under Florida law, commercial landlords cannot take matters into their own hands to retake possession of premises from a defaulting tenant.
2) In Texas, commercial landlords are prohibited from interrupting a defaulting tenant’s utilities, removing doors or windows, and removing a tenant’s furniture, fixtures, or appliances.
3) However, in Texas, landlords can prevent a defaulting tenant from entering the leased premises without judicial process by changing the door locks and providing a written notice with the new key information. – Under Georgia law, a landlord can use self-help to repossess commercial property without notice or legal proceedings, as long as it can be done without a breach of the peace.
– In Oregon, a landlord can use self-help to retake commercial premises only if the lease permits it and the eviction is done in a peaceable manner and without force. – Self-help eviction may not be the best course of action for commercial landlords, as it can expose them to legal risks and potential damages from the tenants.
– It is important for commercial landlords to understand whether the applicable law permits self-help eviction and to comply with any rules governing its use.
– Holland & Knight’s real estate litigation attorneys can provide assistance to commercial landlords considering eviction proceedings.
https://www.hklaw.com/en/insights/publications/2022/09/can-a-commercial-landlord-engage-in-self-help-against-a-tenant
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