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 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 terminate the lease. To evict a noncompliant tenant, the landlord must typically obtain a court order. New Jersey law does not generally allow commercial landlords to perform a 'self-help' eviction by changing the locks without a court order, as this could be considered an illegal lockout. The process for eviction and the rights of landlords and tenants are governed by New Jersey's statutes and case law, and it is advisable for landlords to proceed with evictions through the legal system to avoid potential legal repercussions.