Evicting a tenant from a commercial building can be a challenging task. 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. Most cases, commercial tenants are evicted due to nonpayment of rent or breach of contract. The following are the factors that every landlord of a commercial property needs to follow when they want to evict their tenants.
It is worth noting that the process of commercial tenant eviction must be done with the assistance of an attorney. One needs to be familiar with the law hence the need to have an attorney. Landlords need to have an idea of the type of business they are owning, for instance, it is a good idea to whether the property is a corporation, partnership, or the lease was personally guaranteed by the business owner. Your attorney should have practice business law and specialized in commercial business transactions. The reason for getting a specialized attorney is that the process and laws governing evicting a commercial tenant are different from those of evicting a residential tenant.
The next step involves checking if the tenants you would like to evict has filed bankruptcy. It is worth noting that in the event that a tenant has already filed bankruptcy, the court will prevent the landlord from beginning the eviction process, thereby giving the tenant time to stay in the premise. It is worth noting that eviction may still go on if the landlord ask the federal bankruptcy court to lift the stay of the tenant. Besides, eviction will still go on when the tenants have filed bankruptcy after the eviction process begins.
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. It is a good idea for tenants to send eviction notices to the tenets who have defaulted paying rent. It is important to include the reason for evicting the tenants. In most state laws, tenants are given a three day period to fix the problem after they have received the notice.
Besides, you need to review the lease agreement. 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.