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 North Carolina, businesses that lease commercial spaces such as offices, warehouses, or retail stores are typically required to enter into a written commercial lease agreement with the landlord. 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. To evict a non-compliant tenant, the landlord must obtain a court order. The eviction process involves the sheriff or constable to ensure the tenant vacates the premises. North Carolina law does not generally allow commercial landlords to use self-help measures such as changing the locks to lock out a tenant for breach of lease without going through the legal process. The specific rights and remedies available to landlords and tenants are governed by the terms of the lease agreement and relevant state statutes, which in North Carolina would include the North Carolina General Statutes (NCGS).