The landlord of commercial premises may seek to evict to regain possession of their property for several reasons. Reasons include that the tenant is unable to pay the rent, damages the property, disrupts the neighbors, or sublets the property to other people without permission. A strict legal process needs to be followed to evict commercial tenants.
Evicting the commercial tenant
The steps that will help you to evict the commercial tenant are as follows.
When the tenant fails to pay the rent continuously, then you have the right to take your property back. We advise you not to keep reminding them about the pending payment because it will allow them to delay it further for another month. To avoid hassles, you can give them notice regarding repossession and take a witness with you, like your lawyer or a process server.
If the tenant breaks lease terms, then you will have first to provide notice before you take possession of your premises. The landlord must inform all the interested parties, including the tenant and clerk of courts, and specify the type of breach that the tenant has committed. After analyzing the problem, you can opt for remedial action and can also ask for compensation if back rent is due or there is damage. If the person refuses to pay the rent or does not correct his wrongdoing, then you can proceed with the eviction.
There are different rules when it comes to notices related to breaches of the lease contract. In many cases, you will have to offer your tenant the chance of remedying the situation. When the tenant refuses to move out, the landlord will have to get a judgment from the court before regaining the property. So always try to add a clause in the lease that gives the landlord the liberty to enter the property, with notice, to repair any defects. Also, write a clause in the lease whereby the landlord can recoup back rent or money owed from repairs for damage..
Facts related to eviction of a tenant
Before you evict a tenant, you need to review the entire lease for determining the grounds on which you will evict. So whenever you find that your tenant is violating lease terms, you have the opportunity to take back your place. In case the tenant has failed to pay the rent, you can give them a grace period of 30 days. If they fail to pay within that time, then you can cancel the contract.
One must be careful when it comes to evicting with invalid notices. There are laws that protect the tenant and that allow fines if the court finds that you have unlawfully interfered with the business of the tenant.
All the eviction proceedings start from written notices. Wherever your leased property is located, the case will be filed in local court there. One can also seek the help of attorneys to find the perfect way to avoid hassles and easily take back your leased commercial space. It is quite normal for matters not to work out the way you them wanted to. For evicting a tenant whose contract period is not done, you will need a strong reason that you may have to back up in court. Failure to pay rent is the most common issue.
Do not opt for entering the property without the tenant’s permission because it quite risky both legally and personally. If you enter the property and change the locks, the tenant can easily apply for relief. Under the Commercial Unlawful Detainer, a landlord can claim that they have faced several losses for which their tenant will have to compensate.
Do not go for wrongful, self-help evictions. Attorneys can help you walk with evictions. If you live in one jurisdiction, and the leased space is somewhere else, then you may need to hire an attorney because you may not know the laws that prevail in the jurisdiction where the property is situated. Similarly, if you have not done a commercial eviction, then it’s a good idea to get the help of an attorney to do the eviction until you know the process well.