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 York, businesses that lease commercial spaces such as offices, warehouses, or retail stores enter into commercial lease agreements, which are binding written contracts outlining the terms 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 terminate the lease. To evict a noncompliant tenant, the landlord must obtain a court order, after which an eviction can be enforced by a sheriff or constable. Unlike some states, New York generally does not allow commercial landlords to perform 'self-help' lockouts by changing the locks without a court order, even in cases of significant breach of the lease. This is because such actions can lead to legal complications and potential liability for wrongful eviction. Therefore, landlords must follow the legal process for eviction, which includes proper notice and court proceedings.