i have been leasing a 2nd floor office. am i entitled to access my rear door and stairwell which leads outside

i have a front entrance. my upper rear door has allowed me to walk my studio clients downstairs to the shared common area outside behind the building. new tenant downstairs put a padlock on my door upstairs(preventing my access) in lieu of constructing a door/wall at bootom of stairs in order to provide security/privacy for her space.
In Leasing Property - Asked by mike s. - May 3, 2013
Report Abuse
Answer this Question

Answer(s)

Rob M.
Lender/Mortgage Broker
Houston, TX

What does your lease allow? Have you asked the landlord or manager? Fire code?

May 3, 2013
Report Abuse
Michael C.
Broker/Agent
San Leandro, CA

There appears to be Two issues here: contract and safety
If it were me, I would check with the manger or owner, whom ever the lease was created with and ask politely:
1. Were they aware that the tenant installed the padlock?
2. Does it create a safety issue not having that door accessible?
3. Was that access addressed in my lease and the other tenants lease?
The other tenant may not be aware of this and just needs to be enlightened and was only thinking of
their own safety.

May 3, 2013
Report Abuse
Jason P.
Owner/Investor
Costa Mesa, CA

There's not enough information here to properly answer your question. "Upper rear door" doesn't make sense to me. I wonder if the door in question leads directly outside. I wonder if this door leads to a common area or into a private suite.
Regardless of any of those issues, the other tenants in the building don't have any right to pad lock common doors or doors that lead from a suite that isn't theirs into any part of the building other than their own unit. So, if the door doesn't lead into their own unit, then tenants have no right to pad lock the door. If the landlord pad locked the door, then he/she should have told you that this change was being made. If the landlord didn't inform you of this change, then you have an issue with the landlord: is the door required for safety/fire code? Is access to this door addressed in your lease? In some cases, since you have been using the door for some time now, that door has become a part of your leased premises just by the act of your using it and the door not being locked. That can change of course if access to that door is not properly addressed in your lease, but in order for it to change, the landlord will need to serve you written notice. If you have any further questions, you should contact a RE attorney in your area (or on LinkedIn).

May 10, 2013
Report Abuse
Ken A.
Broker/Agent
Austin, TX

I think this is a clear fire code violation and Safety issue. I would read contract to determine if there is
any language that indicates no access and contact the landlord for clarification.

May 21, 2013
Report Abuse

Welcome to Answers

LoopNet Answers is where the commercial real estate community shares what they know to help each other out. And it's all for free.

Ask a question to get advice from brokers, investors, professionals and local experts.

Answer questions to raise your visibility as a trusted advisor and build new relationships.

Ask a Question

Post Question