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An eviction also known as a behind on rent. A lock out will cause Prior to filing the eviction petition,
“forcible detainer action” is intended a substantial disruption to business the commercial landlord must send
to be a speedy, simple, and inexpensive and make it even more difficult for the a notice to vacate stating the lease
means to obtain immediate possession commercial tenant to pay rent. violation and default following the
1
of property.'" Nevertheless, sometimes lease and Texas Property Code.
a forcible detainer is not as quick and Judicial Eviction Most commercial landlords send the
efficient as expected. For example, there On the other hand, a landlord may notice by certified mail to ensure it is
may be a back log in the court. Or the judicially evict a commercial tenant. received. After the notice to vacate, the
commercial tenant could appeal the
justice court’s judgment, which delays
possession for the landlord further.
What methods are available to
a commercial landlord who wants
a quick and efficient procedure to
remove a commercial tenant who has
defaulted on their rent? What are the
choices? Of course, a landlord may
judicially evict a commercial tenant EMPLOYER
by going through the justice courts BENEFIT SERVICES
in Texas. Are there any other options
available to the commercial landlord?

To Lock Out or Not?
Generally, a landlord is prohibited
from locking out a tenant. However,
a commercial landlord may lock out
a commercial tenant under certain
circumstances. The Texas Property PLAN PAYROLL BENEFIT
Code details those circumstances. ADMINISTRATION MANAGEMENT PACKAGE
First, commercial landlord may Assistance and research Get your employees MARKETING
lock out a tenant if there are repairs, to keep you informed paid quickly so you Document
construction, or an emergency. and in compliance with can get back to doing administration of
what your company
state and federal laws.
401(k) and 403(b)
Second, a landlord may remove all does best. including employee
the contents of the premises that has enrollment assistance.
been abandoned by a commercial
tenant. Third, a commercial landlord
may lock out a commercial tenant
who is delinquent in paying at
2
least a partial amount of rent.
Specifically, a commercial landlord
may lock out a commercial tenant
if that tenant owes some rent. The
question of what to do with the
CLAIMS
BENEFITS
HUMAN
removed tenant’s property is another MANAGEMENT RESOURCES EDUCATION AND
matter. There are particular rules When a claim is CONSULTING CONSULTING
and guidelines when dealing with made, we assist in the Develop policies and Cra a competitive

commercial tenant’s property. process, from the first procedures, address employee benefits plan
Chapter 93 of the Texas Property filing of the claim to its recruiting strategies, to recruit and retain
Code deals with commercial tenants. resolution. develop job descriptions. valuable employees.
The commercial lease should contain
language regarding the landlord’s
right to exercise a lockout.
PUTTING ALL THE HEALTHCARE
Reasons Not to Lock Out a BENEFIT PIECES TOGETHER
OFFICE
Commercial Tenant 713-647-9700 ONLINE
www.corebenefits.net
Reasons exist to NOT lock out a
commercial tenant, even one who is
NBIZ ■ October 2023 13