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 Rhode Island, businesses that lease nonresidential spaces such as offices, warehouses, or retail stores enter into commercial lease agreements. These contracts outline the terms of the lease, including the use of the premises, rent payments, and the duration of the lease. If a tenant fails to pay rent or uses the space contrary to the lease terms, the landlord may terminate the lease. To evict a noncompliant tenant, the landlord must typically obtain a court order, after which a sheriff or constable can enforce the eviction. Rhode Island law does not generally allow commercial landlords to perform a lockout (changing the locks to exclude the tenant) without a court order. Self-help remedies are not favored in Rhode Island, and landlords are expected to follow legal procedures for eviction, which are governed by state statutes and may require legal proceedings.