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, if necessary, secure a court order evicting (removing) the commercial tenant from the space. A sheriff or constable may be present at the leased premises to forcibly remove a commercial tenant who refuses to comply with a court order of eviction.
In some states a commercial landlord may have the right to lock the tenant out of the leased premises by changing the locks when the tenant is in material (significant) breach of the lease agreement. Such a lockout right is sometimes referred to as a self-help option or remedy because the landlord may be able to exercise the right without going to court—depending on the specific language in the written lease agreement and the commercial lease laws of the state in which the leased premises are located. These laws vary from state to state and are usually located in a state’s statutes.
In California, a business that leases commercial space such as offices, warehouses, or retail stores will typically enter into a commercial lease agreement. This written contract outlines the terms and conditions of the lease, including the use of the premises, rent payments, and the duration of the lease. If a tenant fails to pay rent or uses the space in a manner not permitted by the lease, the landlord may have the right to terminate the lease. To evict a non-compliant tenant, the landlord must obtain a court order. Once a court order is secured, a sheriff or constable can enforce the eviction. California law generally does not favor self-help remedies such as lockouts without court intervention. Landlords are expected to follow legal procedures for eviction, and any attempt to change locks or forcibly remove a tenant without a court order could be considered illegal. It is important for both landlords and tenants to understand their rights and obligations under the lease and California law, and an attorney can provide guidance specific to the situation.