Can I Change the Locks on a Commercial Tenant Who Stopped Paying Rent in California?

In Kassan v. Stout (1973) 9 Cal.3d 39, 42–44, the dispute involved commercial laundry premises and another operator’s use of the property without the landlords’ consent. The landlords repossessed the premises without judicial process. The California Supreme Court rejected their abandonment justification and reversed the judgment favoring them. This was not an unpaid-rent case: tendered rent had been refused, and the laundry remained occupied. ¹

The distinction matters. A landlord may have grounds to establish a lease default and recover possession, but that does not ordinarily permit physically excluding an occupying tenant. The right asserted and the method used to enforce it are separate questions. Kassan does not resolve every possible entry into commercial property. ¹

Jordan v. Talbot (1961) 55 Cal.2d 597, 602–605 involved residential premises. It explained that a right of reentry does not authorize prohibited forcible entry or exclusion. Kassan applied those principles in a commercial dispute. A landlord cannot treat a reentry clause as permission to bypass lawful possession procedures. ^{1 2}

That does not mean every reentry clause is void or every temporary maintenance visit requires a court order. Authorized access and legitimate security measures that preserve lawful tenant access differ from conduct intended to dispossess the tenant. The lease, consent, circumstances, and effect of the entry matter.

Reduced hours, unanswered calls, or unpaid rent do not alone establish abandonment. Review actual possession, tenant communications, remaining operations, and any subtenant or other occupant. A closed storefront may still be occupied for storage or other business purposes. Document the facts lawfully rather than assuming vacancy. ¹

Voluntary surrender is different from using a statutory notice of belief of abandonment. A surrender should be established through the parties’ agreement and conduct, not inferred merely from a returned call going unanswered.

Civil Code § 1951.35 applies only to commercial real property. Before giving its notice, rent must be due and unpaid for the lease’s applicable default period, never less than three days, and the landlord must reasonably believe the premises have been abandoned. The specified termination date must be at least 15 days after personal service, sending by the permitted overnight carrier, or deposit in the mail. ³

The prescribed notice and delivery requirements matter, including required addresses. Before the specified termination date, a qualifying written response stating that the tenant does not intend to abandon and providing an address for certified-mail service in an unlawful-detainer action can prevent deemed abandonment. Payment of all or part of the overdue rent during the statutory period can also defeat this procedure. ³

This is not a rule to wait 15 days and change the locks. Confirm that the procedure actually applies and all conditions are satisfied. Termination of a tenancy does not itself authorize disposal of belongings; personal-property handling requires separate analysis.

For an occupying tenant, the general sequence is to review the lease, default, payment history, and actual occupancy; prepare and serve the legally appropriate notice; pursue unlawful detainer if the tenant remains and the requirements are satisfied; and obtain and enforce the applicable possession judgment and writ through the levying officer. ^{1 4 5 6}

Commercial-specific provisions require attention. Code of Civil Procedure § 1161.1 addresses commercial rent-default issues, including qualifying rent estimates and partial payments. Section 1162(b) governs service of the required notices on commercial tenants. Residential service instructions should not simply be substituted. ^{4 5}

Expiration of a notice does not itself authorize a landlord-performed lockout. Section 715.020 assigns execution of the writ of possession to the levying officer. The proceeding, defenses, service issues, and enforcement circumstances affect timing; no fixed eviction timeline is assured. ⁶

Improper repossession may expose a landlord to claims and complicate an otherwise valid rent or possession case. A lease violation does not eliminate the separate consequences of an unlawful ouster. Available relief depends on the claim, facts, proof, and governing law—not an automatic entitlement to lost profits, punitive damages, attorney fees, or a particular penalty. ^{1 2}

Civil Code § 789.3 addresses property used as a residence. Its specific statutory penalties should not be imported into a purely commercial tenancy. That residential scope does not mean commercial self-help is unrestricted. ⁷

Preserve the signed lease and amendments, rent ledger, payment records, notices and service evidence, tenant communications, and lawful documentation of occupancy. Those records help distinguish default, surrender, abandonment, and continued possession. Mahrouyan Law’s Landlord–Tenant practice and Business Litigation practice address related California commercial disputes.