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The Availability of Self-Help Evictions to Commercial Landlords
A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.
This peaceable “self-help” remedy, which is available to commercial landlords in at least 12 states (Alabama, Alaska, Arizona, Georgia, Hawaii, Maryland, Mississippi, New Jersey, New York, Ohio, Texas, and Wisconsin), has been recognized at common law from time immemorial. Moreover, wherever it is recognized, the right of peaceable self-help re-entry is not abrogated by the statutory remedy of summary proceedings.
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