[NC] Can a commercial landlord change the locks right away after winning an eviction case?
We just received a determination in our favor by the Judge following a complaint in summary ejectment… today at 1:45 PM. We are in Wake County, NC. The judge was unsure of when we can legally change the locks since we are a commercial landlord. Can you advise?
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In North Carolina, the process for changing locks in a commercial lease situation can differ from residential leases. Since your lease agreement specifically states that the lease is terminated upon non-payment and that the termination is mutual, it appears you have the legal grounds to move forward.
However, there are a few key points to consider:
- Post-Judgment Period: Generally, in North Carolina, a commercial landlord can proceed with actions like changing the locks after a summary ejectment judgment has been entered. (N.C. Gen. Stat. § 42-26(a)(2)) Since the tenant did not show up in court, you have won the case, but you need to ensure that any formal post-judgment waiting periods or appeals are considered.
- Appeal Window: While residential tenants have a 10-day period to appeal after a judgment, the appeal process for commercial tenants could differ. Although the judge wasn't certain about the commercial tenant situation, you might still need to ensure that there is no waiting period that would allow the tenant an opportunity to appeal the judgment.
- Notice Requirements: Even if the lease gives you the right to terminate the lease upon non-payment, it's often a good idea (though not always required) to formally notify the tenant that the locks are going to be changed, especially given the hostile nature of the interactions. This can help mitigate any potential issues that arise from the tenant's behavior or retaliation, especially if they return unexpectedly. (N.C. Gen. Stat. § 42-36(2))
- Consulting a Local Attorney: Since the process can vary and there are nuances specific to commercial leases in North Carolina, it would be beneficial to consult with a local attorney who can give you precise guidance on when you can legally change the locks. They can also confirm whether any additional steps are required on your end before proceeding.
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We just received a determination in our favor by the Judge following a complaint in summary ejectment… today at 1:45 PM. We are in Wake County, NC. The judge was unsure of when we can legally change the locks since we are a commercial landlord. Can you advise?
Lexi, Chatbot
I'm sorry to hear about the confusion. To help the Lawyer assist you better, could you let me know if there are any existing lease agreements or terms that might affect when you can change the locks?
Yes. Our lease states that if the rent is unpaid within 15 days and they’ve received notice, it is mutually agreed that the lease has terminated. This is what the judge based his determination on as well.
Lexi, Chatbot
Thank you for sharing that. Have you already provided the tenant with any notice regarding the lock change, or is this something you’re planning to do?
We do not plan to notify them of the locks being changed. They were quite hostile when they were told the lease would be terminating because of nonpayment. They did not show to court today, despite the sheriff serving papers for the summons.
Lexi, Chatbot
I see. It’s important to handle this carefully. Could you let me know if there are any security concerns or potential risks involved with changing the locks without notifying the tenant?
Yes, he was verbally hostile over the phone and in person.
Lexi, Chatbot
OK. Thanks for the info. How would you like to connect with the Lawyer?
Chat.
Richard
Hello. My name is Richard, and I have been a licensed attorney for over 25 years. I hope to be of assistance. Is this a commercial property?
Yes, this is a commercial property.
Richard
Thank you. I understand this situation can be tricky. Have there been any previous incidents with this tenant that might affect your decision on how to proceed?
Yes, he was very hostile in a face-to-face discussion with my husband with me on the phone shouting at me. The judge was not familiar with the nuances of commercial real estate and advised I speak to a lawyer about changing the locks. He mentioned that because our lease did clearly state that if rent was not paid on the 15th of the month That it would be mutually agreed the lease was terminated… we could possibly change the locks immediately.
It is my understanding that with real estate law with residential tenants there’s a 10 day waiting period for them to appeal and on the 11th day, we could have the sheriff reclaim the property. He was unsure of what the process was for commercial landlord, and commercial tenant for North Carolina.
Richard
In North Carolina, the process for changing locks in a commercial lease situation can differ from residential leases. Since your lease agreement specifically states that the lease is terminated upon non-payment and that the termination is mutual, it appears you have the legal grounds to move forward.
However, there are a few key points to consider:
- Post-Judgment Period: Generally, in North Carolina, a commercial landlord can proceed with actions like changing the locks after a summary ejectment judgment has been entered. (N.C. Gen. Stat. § 42-26(a)(2)) Since the tenant did not show up in court, you have won the case, but you need to ensure that any formal post-judgment waiting periods or appeals are considered.
- Appeal Window: While residential tenants have a 10-day period to appeal after a judgment, the appeal process for commercial tenants could differ. Although the judge wasn't certain about the commercial tenant situation, you might still need to ensure that there is no waiting period that would allow the tenant an opportunity to appeal the judgment.
- Notice Requirements: Even if the lease gives you the right to terminate the lease upon non-payment, it's often a good idea (though not always required) to formally notify the tenant that the locks are going to be changed, especially given the hostile nature of the interactions. This can help mitigate any potential issues that arise from the tenant's behavior or retaliation, especially if they return unexpectedly. (N.C. Gen. Stat. § 42-36(2))
- Consulting a Local Attorney: Since the process can vary and there are nuances specific to commercial leases in North Carolina, it would be beneficial to consult with a local attorney who can give you precise guidance on when you can legally change the locks. They can also confirm whether any additional steps are required on your end before proceeding.
Perfect. Thank you for such a concise answer we will plan to follow the 10 day appeal period—and follow up with requesting the sheriff assist with notifying re: lock change on the 11th day.
Richard
Thanks again for using AskaLawyer.
Richard
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