48 Hour Advance Notice to Commercial Tenant Regarding Intent to Exercise Statutory Lockout Rights & Notice to Commercial Tenant Regarding Lockout for Non-payment of Rent

When to Use
These two forms should normally be used only in a situation where a facility has leased property for a combined office/warehouse (office or self-storage) use. These forms are not appropriate for a “standard” self-storage facility unit. When you have a use that is not “pure” self storage, but involves office use, retail use, or other commercial tenancy other than self storage, these forms can be used to exercise a commercial landlord’s right under state statute to lock a tenant out who is delinquent in rent.

How to Use
If, for example, you lease office/warehouse space and your office tenant has not paid rent, per Section 93.002 of the Texas Property Code a landlord may change the door lock of a tenant who is delinquent in paying rent as long as the landlord places a written notice on the tenant’s front door stating the name and address or telephone number of the individual or company from which a new key may be obtained. This “notice of lockout” may be given to the tenant by using the form Notice to Commercial Tenant Regarding Lockout for Non-payment of Rent.

The 48-hour advance notice of lockout, is not required by law. It is simply a policy decision whether to use it. Some people like using it because it gives tenants a heads up that you are serious about collecting the rent and they will be locked out of their office in 48 hours if they don’t pay. Other landlords don’t like to use this because they don’t want to give the tenant the opportunity to remove all of the tenant’s files, furnishings, computers, etc., in anticipation of being locked out.

Tips for Use
Use this form only when you have a commercial tenancy involving something other than solely a self-service storage unit. Determine whether you want to give 48 hours notice, and regardless, at the time the lockout is performed, use Notice to Commercial Tenant Regarding Lockout for Non-payment of Rent completely filled out, to place on the front door of the space that the tenant is being locked out of. Per state law, you have no obligation to let the tenant back in the space until rent is paid in full.