#AskAmbrose
We have something new for our readers. Ever since his days of youth, Ambrose Moses has been a Mr. Know-It-All-Super-Nerd. He was the pre-Internet, pre-Google version of the “walking encyclopedia”.
Family and friends have been prone to ask him anything, with the full expectation that he will know something about it.
Readers who submit questions to askambrose@ohiombe.com will receive a response. Selected questions and answers will be published periodically in OhioMBE and online.
Q. Dear Ambrose,
I have a small hand-made craft business. I have been renting a small space in a commercial building next to other vendors and shops. I have fallen behind on my rent for a couple of reasons.
First, cash flow has been up and down, but, with the holidays right around the corner, I expect that to be taken care of. Second, the landlord has not been keeping the building up the way he should. It’s been getting a bit dirty and stinky. I’ve been concerned that the condition of the building will drive away customers. So, I asked the landlord to do something about it, but he hasn’t.
Two days ago, I went to my shop and the lock to my door had been changed. Some of the other tenants told me that the landlord had done it. I received no notices or anything. My relationship with the landlord is not good. The landlord refuses to allow me inside to remove my equipment and inventory. Can he do that?
-Locked Out
A. Dear Locked Out,
You need to call your lawyer. There are a lot of details that will need to be discussed concerning the laws of your state, the terms of your lease agreement, and the impact of the lock-out upon your business (i.e. lost revenue and profits).
Without providing any legal advice, generally, a landlord may be entitled to possession of the premises if a tenant fails to pay rent as agreed. There is often a requirement that the landlord provide a notice to leave the premises prior to filing an eviction lawsuit with the court. However, a commercial lease is different than a residential lease. There may be certain situations where a commercial landlord is entitled to use self-help to regain possession of the premises. Even in those situations, the landlord must act reasonably. Also, possession of the premises does not necessarily mean possession of the tenant’s personal property. Call your lawyer, ASAP.
#AskAmbrose
