Can Commercial Tenants Change The Locks ?
When a property is rented out, invariably it is common for the landlord to hold on to one set of keys so that they can gain entry into the property should the need arise. Most tenants are uncomfortable knowing that the landlord holds a set of keys and can come into the premises at any time. (See Reference 1) So, what happens when a commercial property is rented out? Can commercial tenants change the locks? |
Usually, when commercial property is rented out, the landlord and the tenant will sign an agreement. Landlords are not comfortable with commercial tenants changing the locks without their consent. Hence, invariably, there will be a clause in the commercial lease agreement that will stipulate that the commercial tenant can change the locks to the premises provided he seeks prior consent from the landlord. (See Reference 1)
In fact, if the commercial lease does not state this, then there is no legal obligation on the part of the commercial tenant to inform the landlord and change the lock. The commercial tenant can change the locks and does not have to give a set of keys for the new lock to the landlord. (See Reference 1)
If the lease agreement clearly states that the commercial tenant cannot change the lock without getting consent from the landlord, but goes ahead and changes the lock and then declines to hand over a set of keys to the landlord, the tenant would be violating the terms of the commercial lease agreement. The only recourse for the landlord would be getting an injunction against the tenant. However, this could be an expensive legal procedure and may not always go in favor of the landlord. So, when the lease agreement expires, the landlord can take a part of the security deposit to cover the cost of fixing a new lock. (See Reference 1)
Usually, commercial tenants have a lot of valuable business equipment and trade secret documents within their office premises. (See Reference 2) They would not be comfortable knowing that the landlord can enter any time and gain access to their documents and equipment. Hence, many commercial tenants change the locks after getting permission from the landlord, but do not hand over a set of keys to the landlord.
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Can Commercial Tenants Change The Locks
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