Commercial tenant, his lease will terminate the end of this month, can landlord enter the premises after such time?? and change locks... He has sent me an email stating due to California lockdown I am not able to do walk through and move out?
I have read the Solano County shelter in place order, and he falls under the exempt section
of "Essential Services" ..He is under the service business, (installation and servicing water systems).
I believe he is trying to give me a hard time, but would like some clarification what we as landlord can do and protect ourselves since I have a new tenant moving in as the first of April.
Thank you
You should not force you way in and a lock out requires a judge's order.
COVID has thrown everything in flux; many are taking advantage of the situation. Invest in a consultation so someone can ask you questions. Context is important, along with more facts and the lease agreement.
Here's a suggestion. Give tenant a legal notice (ink on paper, personally delivered, or sent certified, or as set forth in lease), advising him that if space is not turned over on time tenant will face damages for all the consequences, including loss of rent from your replacement tenant. Then propose mediation to explore mutually acceptable solutions to avoid litigation.
There are other issues, which is why no one can provide meaningful guidance without seeing your lease and speaking directly to you. For example, if it automatically becomes a monthly rental unless terminated by effective notice, and you did not provide it, then tenant may have a right to stay until you provide proper notice.
San Francisco is about to issue protections to commercial tenants similar to what has been provided to home renters.
Get some help. You don't need to spend a fortune hiring an attorney yet; you need some guidance and communication coaching. It sounds like you could benefit from a general review of landlord best practices, too. Solano County is probably not "there" yet, but be cautious in moving forward.
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