Is the eviction because you are owed rent?įalling behind on the rent may be considered a breach of your commercial or retail lease and you may be able to exercise a “right to re-occupy”, potentially without providing any notice to the tenant. Locking out, or any form of eviction without a court order, can be risky.īefore you act, check your lease.There are a couple of scenarios to consider: I’m considering locking out, evicting or issuing a termination notice to my lessee. Here are some questions property owners should considering before locking out, evicting or terminating a lease, including why mediation might be a worthwhile first approach to resolve leasing disputes with your tenant. For more information, see Commercial leases and COVID-19 FAQs. Under the Regulation, landlords will be prevented from taking any prescribed action against an tenant impacted for a breach of the lease occurring during the prescribed period, unless they have attempted mediation. NOTE: On 14 July 2021, the NSW Government enacted the Retail and Other Commercial Leases (COVID-19) Regulation 2021 (the Regulation).
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