Can I change locks on commercial property where rent hasn't been paid for 3 months?

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perrine

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Tenant has been late 1 to 2 months on commercial property (used primarily for storage). We received November, December and January rent on December 23rd. Check was submitted for deposit on January 3rd (I was out of town). Bank returned check for ISF on January 6th. Can we change the locks on his building until this is rectified? Or only after eviction is served? We have sent Notice of Belief of Abandonment to him in Nevada several times which always seems to produce rent. I have prepared a notification to him outlining our rights to obtain rent and the liability he faces for statutory penalty unless he pays the past rent + bank fees + certified mailing costs. Should I forward another Notice of Belief of Abandonment immediately? He has not been on the premises in 13 months, but has valuable merchandise stored.
Do we have any other recourse in this situation? Commercial leases are not doing well, so we are reluctant to evict him and have our building sit empty for any extended period of time.
 
You can legally change the locks after he is evicted before a court. If you change them without going to court, he could sue you for locking him out.
 
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Thanks Army Judge for your timely response. I'll make sure I forward a letter demanding money for the ISF check he issued and take it from there. I appreciate your advice.
 
If this is a commercial storage space then the rules are different. The biggest complications are when you are trying to remove a tenant from a residence. If this is a storage space then the answer you seek is likely withing your lease... or should be. You may very well be allowed to lock the property.
 
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