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VIC Can I Legally Lock Out a Commercial Lease Tenant?

Discussion in 'Commercial Law Forum' started by Nancy Drew, 1 July 2015.

  1. Nancy Drew

    Nancy Drew Member

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    I rent out a commercial property ( commercial lease) and run a clinic. I rent out rooms to other practitioners. There is a verbal agreement around rent days and times although I do have text messages from the practitioner confirming these and the agreement. She is very behind in rent and is saying she does not owe me the money, that I misunderstood the agreement. I want to lock her out of her room which contains her property until I receive payment. Where do I stand legally under property law or commercial law if I do this?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Nancy,

    Are you the landlord of the property? Or the tenant and you are subleasing parts of the property you are renting?

    Generally under Commercial Leases, you have to issue a Notice to Remedy breach before you can take steps like locking a tenant out. A key right of a tenant is exclusive possession of the leased space, therefore you have no right to enter the property without taking proper steps to terminate the lease for breach first.
     
  3. Nancy Drew

    Nancy Drew Member

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    I have signed the commercial lease and use a room but hire out rooms to others. I am not the landlord so can I legally lock her out and where do I stand with getting unpaid rent without a formal written agreement thanks
     
  4. Sophea

    Sophea Well-Known Member

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    Nancy Drew likes this.

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