Landlord Can “Lockout” Delinquent Commercial Tenant Even If Rent Brought Current

By Christopher Combs | June 16, 2024

Question: We have a small hair salon in a West Valley shopping mall. We recently fell behind on our rent, and the landlord gave us notice that our rent was delinquent, and that the landlord had the right to terminate our lease and “lock us out.” Our landlord then accepted our late payment of the past due rent, and thus we were current on our rent, including late fees, interest, and attorney fees. Last Saturday night, however, we were “locked out” by our landlord so that when we came to work on Monday morning our hair salon was padlocked, and there were signs posted on our front door saying that we hadn’t paid the rent—when we were current on our rent! Do we have any rights, i.e, money damages from the landlord, for the “wrongful lockout” that has now destroyed our hair salon business?” Answer: Probably not. In residential leases,…


No Title Insurance for Encroachment

By Christopher Combs | June 9, 2024

Question: We bought a home in Anthem with a “clean” title insurance policy.  A few months after we moved into the home, we noticed that the block wall in our backyard on our property between us and our neighbor was collapsing. The collapsing was due to the neighbor’s landscaping that encroaches onto our property. Our title company says that our title policy only covers the legal ownership of the property that we own, and that there is no dispute as to the legal ownership of our property. Further, our title company says that we could have paid for an endorsement to our title policy that would include a survey with a physical inspection of the property. Our neighbor still refuses to do anything. What can we do now to protect our property? Answer: First, you have the right to “self help,” i.e., physically remove as much as possible the encroaching…


What Our Clients Are Saying

They were genuinely concerned about our welfare, they are competent and knowledgeable. The office is beautiful and a nice environment. It was well worth the money and we really liked working with Mr. Combs and also the paralegal.

Everyone at your firm was kind, professional, knowledgeable, and knows how to treat clients with compassion and empathy with what they are going through. Holly and Chris are a powerhouse legal team. Thank you!

Your firm handled and interpreted our situation in a very helpful way that was not needlessly unpleasant and expensive. Thank you very much for all of your help in assisting us in a very complex real estate issue.