A business that leases real estate and improvements (buildings, etc.) in the form of space for offices, a warehouse, a restaurant, a nail or hair salon, a clothing store, a coffee shop, or other commercial (nonresidential) space will usually be required to sign a written contract known as a commercial lease agreement.
If the tenant (the business occupying the space) who signs a commercial lease agreement fails to pay the rent or continues to use the leased premises for a purpose other than as permitted by the lease agreement (after receiving notice of the improper use), the landlord may have the right to terminate the lease and lock the commercial tenant out of the space by changing the locks.
A commercial landlord’s ability to lock a commercial tenant out of the leased premises—sometimes referred to as one of the landlord’s self-help options or remedies because the landlord may be able to exercise these rights without going to court—depends on the specific language in the written lease agreement and the state's contract law.
For example, a state's contract law may determine if any breach of the lease agreement by the tenant was a material breach that might justify an extreme measure such as changing the locks.
Contract law in most states recognizes an implied duty of good faith and fair dealing between parties to a contract, and a commercial landlord who changes the locks on the leased premises because the tenant is a few days late paying the rent may be in breach of the landlord’s implied duty of good faith and fair dealing.
In New Jersey, a commercial lease agreement is a binding contract between a landlord and a tenant for the rental of nonresidential property, such as office space, warehouses, or retail locations. If a tenant fails to pay rent or uses the property in a manner not allowed by the lease, the landlord may have the right to terminate the lease. However, New Jersey law generally disfavors self-help remedies, such as changing the locks to lock out a tenant, without first obtaining a court order. This is because such actions could potentially breach the implied covenant of good faith and fair dealing that is recognized in New Jersey contract law. A landlord must typically provide notice to the tenant and may need to file an eviction lawsuit (summary dispossess action) in court to regain possession of the property legally. The specific terms of the lease agreement and the circumstances of the breach will influence the appropriate legal remedies available to a landlord.