A small business owner in McKinney, Texas who was locked out by her landlord over the weekend has been grated access to her photography equipment.
A judge granted her immediate access to retrieve her cameras and other belongings ruling that the downtown landlord did not give her proper notice that she would be locked out if she failed to pay April month’s rent.
Laura Tye said she notified the building owner before rent was due and explained that she might not be able to pay April rent due to the coronavirus shut down.
Laura explained in a video posted on her personal Facebook page, “My business has been completely ripped out from under me. I have no idea as a newborn photographer (who cannot obviously abide by the six feet rule) when I can be back at work. The thought that [my landlord] would have the audacity to ask me right now to sign a two year lease is mind-boggling in the middle of a global pandemic. He is well aware that I have applied for loans to try to help through this time. My last email to him before being locked out was that I have applied to these loans, and that if I get them, I am happy to put them towards rent. He did not respond–he came and locked me out on the third of the month when I am in good standing. I have always paid on time and I have been here for 20 months,” Laura explained. (emphasis added)
Tye created the video after she discovered April 3 that she and two other downtown businesses had been locked out for expressing the need to use SBA economic impact disaster loans to pay rent.
The landlord locked out the businesses before payment would be considered late per the lease agreement.
An email sent by the property owner, S Five Partners, to the three Downtown McKinney businesses reads in part, “We are trying to be fair in this tough environment. The fact that you choose to not use the space or that the City does not allow you to use the space is not the fault of the building.” (emphasis added)
Tye was granted immediate access to retrieve her cameras and photography equipment in a legal battle that is a victory for other small businesses that are facing similar circumstances.
DISCLOSURE: Laura Tye is an editorial writer and photographer with Metroplex Social. When we learned of her plight we chose to share her experience with our readers. Our decision to support a team member has no effect on the facts stated in this article.
McKinney Considers Action To Help Businesses Against Lockouts Due To Shutdown
McKinney city council is expected to schedule an emergency meeting before April 21 aimed to discuss measures to help business owners facing lockouts, eviction or late rent fees during the coronavirus shut down.
Mayor Greg Fuller expressed, “This is a tremendously difficult time for everyone, and although I understand that many landlords are dependent upon rent checks, etc. to sustain their families, I implore and encourage every building owner to work with your tenants to the very greatest extent you can,” Fuller said in a statement to Community Impact Newspaper.
Council member La’Shadion Shemwell advocated strongly for putting in additional measures to prevent residential and commercial notices of eviction and lock outs from occurring in the April 7 city council work session. Shemwell stated, “We in McKinney have done a great job so far, and we can do more…this is another step in the right direction.”
McKinney Mayor George Fuller has words to say to landlords considering similar action during the COVID-19 shutdown. Fuller said in an interview with Fox 4 News, “The best way to recover is businesses stay intact. Businesses need to open their doors the moment they are able to have their doors open,” he continued, “For those that are locking people out and are just not able to do what I’m pleading for, man, let then have their equipment, let them have what’s in there, let them have some fighting chance of survival.”
Resources Available To Help Property Owners and Businesses
SBA’s Economic Injury Disaster Loan (EIDL) program makes available low-interest working capital loans of up to $2 million to property owners and small businesses that incur “substantial economic injury” resulting from the COVID-19 crisis.
Additionally, many banks are allowing commercial property owners to defer their loan payments by extending the term length. The substantial economic injury is presumed in most cases for losses incurred during the COVID-19 shut down.
Community Rallies Around Locked Out Small Business Owners In McKinney
Small businesses that have been hit hard by the coronavirus shutdown were locked out of their businesses in McKinney, TX over the weekend by their landlord. Now they’re fighting to get their equipment and property back.
Here’s more on Metroplex Social:
- How The CARES Act Helps Families And Businesses Due To COVID-19 Shutdown
- Here’s How Big Your Economic Stimulus Check Will Be
- Here’s Why The CDC Is Recommending Everyone Wear A Face Mask
- How To Make A Face Mask To Help Slow The Spread Of COVID-19
What do you think? Should landlords follow the letter of the law in lease contracts or should they show meaningful compassion during the COVID-19 shutdown? Leave us a comment below.
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