Can a commercial landlord use self-help measures?
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Roger Glovsky - Thu, 03/06/2008 - 1:01pm.
A Massachusetts lawyer asked me this question. I told him that I didn't know, but thought maybe someone here might...
>Roger, I have one question I was hoping you might be able
>to answer. I seem to get this question a lot, and can never
>answer it. Can a commercial landlord use self help measures
>against a non-paying tenant, e.g. changing locks? Perhaps
>there is no simple answer to this...
Can anyone shed some light on this?
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Unfortunately in Massachusetts a landlord cannot use self-help to evict a tenant, whether commercial or residential (see MGL Chapter 184, Section 18). The landlord needs to bring a summary process action to be able to evict the tenant.
Peter is correct. This is often a surprise to smaller commercial landlords who believe they have the right to reclaim the leased property automatically upon a default. That said, the courts are generally less forgiving to commercial tenants who are in default, than they are to residential tenants in default.