Can i give notice to a commercial tenant on roll over lease? during covid19

[NICO86]

Hey,
i want to give 30 days to my commercial tenant of 4 years. They refused to sign a new lease with a small rent increase so we never managed to agree to a new lease. Now Covid has happened! his lease with 1 year option expired may 2018
As soon as the GOV announced covid measures which sounded like you dont have to pay your rent, he stopped paying immediately!
we have tried covid negotiations... its going horribly. he wants to defer everything and take the 24 months to pay it back. he wasnt eligible for jobkepper, now suddenly he is?! but is only getting it for himself and no other employees? He also wont give me any financial info. ZERO Transparency.
I dont care about the money, i just want my commercial unit back? can i give him written notice of 30 days? can i go in and lock him out after the 30 days if he doesn't leave?
i wont be going after the rental arrears as i dont want to have to deal with this tenant for another 3 years.

SO MY QUESTION... CAN I PHYSICALLY LOCK HIM OUT AFTER 30 DAYS NOTICE??? or is this like residential and you need the sherif??

Any help much appreciated. Ta

 

[JazKaz]

What state are you in? Depending on the state there may be legislation that gives you certain rights to give notice and entry such as part 3 of the Residential Tenancies Act 1994 (QLD).
Also it would help if something was stated in the prior lease agreement you both agreed to.

Usual circumstances would probably dictate that as the lawful owner your right of ownership prevails over a tenant who is no longer paying for possessionThey then do not have ‘lawful possession’.

Hmmm, I’m not sure how this will go given the covid-19 crisis, but seeing as these issues were present before hand you may have the right to give notice. Any one else have any thoughts?

My advice is to seek proper advice. Someone with more knowledge will hopefully comment.

 

[Rob Legat - SBPL]

All commercial leases are in turmoil at the moment. While the federal government has announced their Code of Conduct, it’s reliant on each state passing legislation to put it into action. Those that have, have put their own spin on it. Some haven’t (e.g. Queensland - legislation is passed but the regulations have not been made).

So the first question is: what state are we taking about?