Getting rid of non-paying commercial tenant

Over a drink recently a friend told me of his problem. He has a tenant who was given three months notice to quit six months ago. The tenant has been there a long time ( over 5 years ) , has rights, but has been a troublesome tenant and hence the reason he was given notice to quit. The tenant is still in occupation of the premises and has not paid any rent at all for the past few months. The tenant knows he is squatting but wants compensation to move out. Can the landlord change locks or at least take down the tenants signs from the outside of the building ?

Re: Getting rid on non-paying commercial tenant

rabbit said:

Can the landlord change locks

Click to expand...

Legally? No. The bloody squatter is legally a tenant until a judge of the circuit court orders that he is not and issues ejectment orders. That's the long and short of it. I know-I have the same situation but luckily they haven't reached the 5 year mark and proceedings are moving along to have ejectment proceedings served. It is a slow and not inexpensive process I'm afraid.

rabbit said:

or at least take down the tenants signs from the outside of the building ?

Click to expand...

That depends on the lease I'm afraid. Many 'off the shelf' leases allow one sign by the tenant.

PM me to discuss further as I'm not really going to go into details of where we're at with our lovely commercial squatters but I can say this much....if anyone ever tries anything like this with us again we will immediately move to change the locks and dump their stuff out. We will take our chances that they take us to court for compensation as you are likely to lose just as much money that way as through unpaid rent which you will likely never get back either!

Re: Getting rid on non-paying commercial tenant

murphaph said:

we will immediately move to change the locks and dump their stuff out. We will take our chances that they take us to court for compensation as you are likely to lose just as much money that way as through unpaid rent which you will likely never get back either!

Click to expand...

My friend is tempted to charge the locks too on his "tenant", but the tenant already changed the locks / put his own locks locks there years ago, so the landlord does not have a key. The tenant does however have a number of signs up...maybe the landlord is entitled to leave him with just one ? It does not say anything about signs in the lease, he says.

Re: Getting rid on non-paying commercial tenant

rabbit said:

My friend is tempted to charge the locks too on his "tenant", but the tenant already changed the locks / put his own locks locks there years ago, so the landlord does not have a key. The tenant does however have a number of signs up...maybe the landlord is entitled to leave him with just one ? It does not say anything about signs in the lease, he says.

Click to expand...

Could be an option to remove the signage then. Locks can be picked by a locksmith. He'll want proof that your friend is the property owner of course. Deeds should suffice if he has them.