Escort/assistance on a commercial lockout
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Randall AlanPro Member
Investor · Lakeland, FL · Member since 2017 · 1k+ posts · 1k+ votesJust call your local police department's non-emergency line and explain the situation. They will usually coordinate an officer to be present. Their role there is just to ensure civility though... they will not be acting on your behalf. But usually it is enough of a presence to preclude the worst of the drama. So if someone starts throwing punches they would act, but they aren't going to be the ones to say, "You guys have to get out."
All the best.
Randy
13 Replies
- 3yRandall AlanPro MemberInvestor · Lakeland, FL · Member since 2017 · 1k+ posts · 1k+ votes
Just call your local police department's non-emergency line and explain the situation. They will usually coordinate an officer to be present. Their role there is just to ensure civility though... they will not be acting on your behalf. But usually it is enough of a presence to preclude the worst of the drama. So if someone starts throwing punches they would act, but they aren't going to be the ones to say, "You guys have to get out."
All the best.
Randy
I may have to go through this myself in 2 to 4 months. I've yet to consult an attorney, but I'm doing some research that may be helpful for me to understand the options an attorney may suggest. I found this on LegalBeagle:
"Commercial Landlord Rights in Texas When it comes to commercial lease disputes, Texas has the reputation of being a pro-landlord state. This stems in part from the commercial rental statutes that permit a landlord to lock out a commercial tenant who fails to pay any part of the rent in a timely fashion. But changing the locks is not the first step a landlord should take when rent is not paid.Normally, if a commercial rent payment is overdue or a commercial tenant abandons the property in breach of the lease, a landlord must provide the tenant with written notice of default. Commercial leases will control in Texas, and they generally require a written notice of default that includes a set time period and cure rights. Notice periods are often negotiable and will vary by lease. A landlord must read and follow the terms in their own lease or they may forfeit later use of the statutory lock-out and eviction provisions.
Landlord Lockout and Options If the commercial tenant is given notice and fails to cure the breach, the next step is to terminate the tenant’s right of possession. Here the property management is faced with several options, depending on the lease terms.
Many commercial leases in Texas often allow a landlord in this situation to terminate the tenants’ right of possession, terminate the lease, or maintain the lease and sue for rent as it becomes due. If this is the case, the landlord must select their path carefully since the termination of the lease can cut off the tenant’s liability for future rent. Termination of the tenant's right to possession of the leased premises without terminating the lease is often the preferred option. This preserves the landlord’s claim to future rentals under the lease."
Keep us posted.
- 3yDrew SygitBusiness MemberProperty Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
@Joe S. how sure are you that your "lockout clause" is legal and will hold up in court if the tenant sues you for putting them out of business?
Hire an attorney BEFORE you do anything!
Logical Property Management4.9469 Reviews Quote from @Drew Sygit:
@Joe S. how sure are you that your "lockout clause" is legal and will hold up in court if the tenant sues you for putting them out of business?
Hire an attorney BEFORE you do anything!
We actually hired an attorney already. He’s already reviewed our lease and the lockout provision is there and legal.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes3y
Quote from @Joe S.:
Call the police and ask for a civil escort. Or you can just wait outside the business to watch them leave, then call a locksmith.
The DIY Landlord Book4.7243 Reviews - 3yRogelio M.Pro MemberInvestor · San Antonio, TX · Member since 2008 · 99 posts · 36 votes
@Joe S. Your options for law enforcement escort include San Antonio Police Department, Bexar Sheriff's Office, or the Constable's Office in the property's location. Keep in mind the peace officer will accompany to maintain the peace, and NOT to enforce lockout.
- Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes3y
I hired a security guard to escort the locksmith, the owner, and I to the property. He was uniformed, licensed, and carried a gun. I gave him specific instructions - no one was to approach or address the owner, the building was to be vacated (we went after hours; the guard would entered first to ensure no one was inside), the owner would then quickly take photos of the interior and parking lot while the guard remained at the door with the locksmith to ensure no one approached/entered the building. Here's the hard part: as the owner, don't engage anyone; don't speak to anyone; don't be baited. Let the process unfold without emotion/drama. Look at it this way: the tenant lost the right to engage you when he chose not to pay rent/violate the lease.
What happened: The tenant was in his car at an adjoining parking lot observing us entering the building; about 10 minutes later, the tenant got out of his car and approached the building. He was stopped at the door by the uniformed guard who escorted him back to his car and watched as he left the premises. The conversation the tenant had with the guard was very brief and was also practiced beforehand: 'you will not be entering the premises. I will escort you out at this time and off of the property. You are now under a Trespass Warning. You are not to return to the property at any time. Should you not leave peacefully now, you will be forcibly removed and charges will be filed against you.' Amazing just how meek the tenant became; it was all presented factually - without emotion - without room for discussion and it was over.I chose to go this way in order to avoid any claim the tenant might make about being threatened with arrest/imprisonment over a civil matter. I also wanted to avoid having a police officer listen to the tenant's side of the story and/or give him advice on what he could do later. I just wanted a zero sum game for my client.
My recommendation is this: get on with it. The longer you wait, the more you lose and the louder/more entitled the tenant will get. Kick him to the curb.
Quote from @Patricia Steiner:
I hired a security guard to escort the locksmith, the owner, and I to the property. He was uniformed, licensed, and carried a gun. I gave him specific instructions - no one was to approach or address the owner, the building was to be vacated (we went after hours; the guard would entered first to ensure no one was inside), the owner would then quickly take photos of the interior and parking lot while the guard remained at the door with the locksmith to ensure no one approached/entered the building. Here's the hard part: as the owner, don't engage anyone; don't speak to anyone; don't be baited. Let the process unfold without emotion/drama. Look at it this way: the tenant lost the right to engage you when he chose not to pay rent/violate the lease.
What happened: The tenant was in his car at an adjoining parking lot observing us entering the building; about 10 minutes later, the tenant got out of his car and approached the building. He was stopped at the door by the uniformed guard who escorted him back to his car and watched as he left the premises. The conversation the tenant had with the guard was very brief and was also practiced beforehand: 'you will not be entering the premises. I will escort you out at this time and off of the property. You are now under a Trespass Warning. You are not to return to the property at any time. Should you not leave peacefully now, you will be forcibly removed and charges will be filed against you.' Amazing just how meek the tenant became; it was all presented factually - without emotion - without room for discussion and it was over.I chose to go this way in order to avoid any claim the tenant might make about being threatened with arrest/imprisonment over a civil matter. I also wanted to avoid having a police officer listen to the tenant's side of the story and/or give him advice on what he could do later. I just wanted a zero sum game for my client.
My recommendation is this: get on with it. The longer you wait, the more you lose and the louder/more entitled the tenant will get. Kick him to the curb.
That’s amazing. Where would you find a security guard of that nature? How much would you pay? Also, if there was somebody inside of the building, could the security guard walk them off the property if the tenant refused to comply.
- Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes3y
Finding security guards has always been challenging but in this case I went on several sites like Angie's and inputted my selection criteria. I then had about 10 responses and chose someone who had been a guard at a jail/prison before starting his own company. He knew how to respond to crazy and the tenant we were dealing with was a high conflict guy. The guard quoted an hourly rate and in the end, I think I paid him $150 - which was substantially more than he expected for a couple of hours of work; he was worth that and more. I used him several other times as well when checking out properties 'in the hood.' And, yes, the guard was expected and prepared to vacate the building - meaning escort anyone in it out and off the property. The job was to vacate all persons from the property, protect the owner from any engagement, allow for the peaceful change of locks. The guard even took the new keys from the locksmith and then handed those to the owner. No one had direct contact with the owner except the guard and me.
I recommend exploring this avenue. I needed someone who worked ONLY for us and wouldn't "help" in attempting to resolve any situation or conflict. It was a transaction and I needed someone who had no interest in anything other than securing the building/property and allowing no one to engage the owner. While i wanted to hire a thug, the guard was actually medium build, dressed in a black uniform (although we didn't request it - he felt it was more intimidating (it was), and spoke in a 'direct and concise' manner.
Feel free to PM if you want to discuss more...and set yourself up so the tenant fully understands that it is GAME OVER.
- 3yRonald RohdePro MemberAttorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
afterhours is preferred. don't go during the day
Quote from @Ronald Rohde:
afterhours is preferred. don't go during the day
There is a possibility that the tenant moved into the property… what then?
- 3yRonald RohdePro MemberAttorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
Quote from @Joe S.:
Quote from @Ronald Rohde:
afterhours is preferred. don't go during the day
There is a possibility that the tenant moved into the property… what then?
Unfortunately, this does happen in Class C/D commercial. If they're living there, residential judicial eviction is necessary for sheriff to forcibly remove them.
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