Can a landlord lock out a commercial tenant even after delinquent rent is paid?
Question: For 12 years, my sister has operated a business in a Phoenix-area shopping center. Last summer, she was delinquent in her rent, primarily because of season changes in her customer base. My sister eventually could pay the shopping center all of the delinquent rent, plus all of the shopping center's attorneys fees and costs. She was current on her rent when the shopping center's management locked her out over a weekend. My sister still does not understand how she could be locked out when she was current on her rent. Is that the law?
Answer: Yes. In a typical commercial lease, the tenant cannot "cure" a default for delinquent rent by simply paying the delinquent rent and the landlord's attorneys fees and costs. The landlord can still accept rent and then re-take possession of the leased premises by either (1) filing a forcible eviction lawsuit or (2) exercising self-help with a "lock-out" of the tenant.
Note: A residential tenant living in an apartment or a home has much greater protection than a commercial tenant. First, the landlord has no right to "lock out" a residential tenant and must always file a forcible detainer lawsuit to evict. Second, a residential tenant can stop eviction proceedings by paying the delinquent rent and the landlord's attorneys fees and costs.