In a commercial rental, can a landlord give you a 3-day eviction notice and change the locks for being 11 days late with your rent?
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In a commercial rental, can a landlord give you a 3-day eviction notice and change the locks for being 11 days late with your rent?
I am 11 days late on my rent on a commercial building and the landlord gave me a 3-day eviction notice today, and told me he is changing the locks Friday. Can he do that even with a security deposit and last months deposit?
Asked on October 11, 2010 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unless Florida law differs from most, your landlord can not change the locks until he has been given possession of the premises by a judge through a summary proceeding. After the service of a three-day notice and your failure to vacate, a landlord must proceed by bringing a summary proceeding action in a landlord-tenant court. Once the proceeding is completed and he has been given the right to possession then he can change the locks. I would take your lease to an attorney in your area as soon as you can. Make sure that you bring the 3 day notice as well. If it is defective or is not served properly it can not be the basis of a proceeding. Good luck.
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