A business that leases real estate and improvements (buildings, etc.) in the form of space for offices, a warehouse, a restaurant, a nail or hair salon, a clothing store, a coffee shop, or other commercial (nonresidential) space will usually be required to sign a written contract known as a commercial lease agreement.

If the tenant (the business occupying the space) who signs a commercial lease agreement fails to pay the rent or continues to use the leased premises for a purpose other than as permitted by the lease agreement (after receiving notice of the improper use), the landlord may have the right to terminate the lease and, if necessary, secure a court order evicting (removing) the commercial tenant from the space. A sheriff or constable may be present at the leased premises to forcibly remove a commercial tenant who refuses to comply with a court order of eviction.

In some states a commercial landlord may have the right to lock the tenant out of the leased premises by changing the locks when the tenant is in material (significant) breach of the lease agreement. Such a lockout right is sometimes referred to as a self-help option or remedy because the landlord may be able to exercise the right without going to court—depending on the specific language in the written lease agreement and the commercial lease laws of the state in which the leased premises are located. These laws vary from state to state and are usually located in a state’s statutes.

In Massachusetts, businesses that lease commercial spaces such as offices, warehouses, or retail stores are typically required to enter into a written commercial lease agreement. Should a tenant fail to pay rent or use the property in a manner not allowed by the lease, the landlord may terminate the lease. To evict a non-compliant tenant, the landlord must obtain a court order. The eviction is then carried out by a sheriff or constable. Massachusetts law does not generally allow commercial landlords to use self-help measures such as changing the locks to lock out a tenant without a court order, even in cases of material breach of the lease. This is in contrast to some other states where self-help remedies may be permitted. The specifics of these regulations are found in Massachusetts state statutes, and it is important for both landlords and tenants to understand their rights and obligations under the law.