Evicting residential tenants is not as hard as evicting commercial tenants. The reason why evicting your commercial tenant can be challenging is that your rights as a landlord are balanced by the tenant’s rights, hence both rights need to be considered before you evict the tenants. If you want to evict a tenant from your commercial property, you need to follow the right steps. Some of the reasons that can make a landlord to evict his tenants is due to nonpayment of rent or breach of contract. In this article, we will take you through the steps to follow when evicting your tenets from a commercial property.
It is worth noting that the process of commercial tenant eviction must be done with the assistance of an attorney. The reasons for getting an attorney is that they will assist the landlords in understanding the law. Besides, the way the eviction process will be conducted depends on whether the business is a corporation, partnership, or the lease was personally guaranteed by the business owner. Landlords need to ensure that they have hired the right attorneys, for instance, the best attorneys for eviction cases are those who practice business law and have vast knowledge in commercial business transactions. Landlords need to get lawyers who specialize in commercial tenant eviction cases since the forms and laws for evicting a residential tenant are not the same as those for evicting a commercial tenant.
The next step involves checking if the tenants you would like to evict has filed bankruptcy. Suppose your tenants have filed bankruptcy before you attempt to evict them for failure to pay rent, the jury may rule in favor of the tenants thereby preventing you from evicting them. Filing bankruptcy is not a warrant that the tenant will be pardon from eviction, the tenants may ask the court to lift the stay, hence allowing them to proceed with the eviction. It is worth noting that landlord can continue with the evictions process when the tenant they want to vacate file bankruptcy after they have begun with the eviction process.
In this section, we will take you through the steps to fowl when you want to evict a tenant who has not been paying rent. Once the court allows you to continue with the eviction, you need to send the tenant a default notice. It is important to include the reason for evicting the tenants. Landlords need to note that they cannot evict the tenants immediately after sending them the notice since the law provides them with at least a three-day period for them to fix the problem.
Landlords are advised to read the lease agreements that bind them and the tenants before starting to vacate those who have defaulted in paying rent. One the grace period expires and the tenant has not yet left the building, you can file an eviction case. The tips discussed in this post will assist you in knowing the right steps to follow when evicting tenants who have defaulted in paying rent.