A business that leases real estate and improvements (buildings, etc.) in the form of space for offices, a warehouse, a restaurant, a nail or hair salon, a clothing store, a coffee shop, or other commercial (nonresidential) space will usually be required to sign a written contract known as a commercial lease agreement.
If the tenant (the business occupying the space) who signs a commercial lease agreement fails to pay the rent or continues to use the leased premises for a purpose other than as permitted by the lease agreement (after receiving notice of the improper use), the landlord may have the right to terminate the lease and, if necessary, secure a court order evicting (removing) the commercial tenant from the space. A sheriff or constable may be present at the leased premises to forcibly remove a commercial tenant who refuses to comply with a court order of eviction.
In some states a commercial landlord may have the right to lock the tenant out of the leased premises by changing the locks when the tenant is in material (significant) breach of the lease agreement. Such a lockout right is sometimes referred to as a self-help option or remedy because the landlord may be able to exercise the right without going to court—depending on the specific language in the written lease agreement and the commercial lease laws of the state in which the leased premises are located. These laws vary from state to state and are usually located in a state’s statutes.
In Texas, businesses that lease commercial spaces such as offices, warehouses, or retail stores are typically required to enter into a written commercial lease agreement. Should a tenant fail to pay rent or use the property in a manner not allowed by the lease, the landlord has the right to terminate the lease. To evict a non-compliant tenant, the landlord must obtain a court order, and the eviction may be enforced by a sheriff or constable. Texas law also permits commercial landlords to use a 'lockout' as a remedy for material breaches of the lease by the tenant. This means that under certain conditions, a landlord can change the locks to the premises without a court order, as long as the lease agreement and state statutes allow for this action. However, landlords must follow specific procedures outlined in the Texas Property Code, such as providing proper notice to the tenant before a lockout can be legally performed.
