How To Evict Commercial Tenant ?
While the laws for evicting tenants differ from one state to the next, there are some common procedures followed by all states. Unfortunately, when it comes to commercial tenants, they are not offered too many legal benefits that residential tenants are given. (See Reference 1) Hence, it might be prudent for a landlord to know how to evict commercial tenant if he or she has a commercial property. |
The law automatically assumes that commercial tenants have the know-how about business deals and leases. So, they do not get the benefits that a person renting a house or apartment may get. (See Reference 1) So, a landlord must be aware of the law pertaining to commercial tenants.
Usually, if a landlord wants to evict a commercial tenant, he or she should go through the lease agreement. The landlord should follow the agreement without any fail and check carefully where the tenant has failed to adhere to the terms and conditions mentioned in the agreement. Based on the agreed terms and conditions of the lease agreement, the landlord should issue a notice of eviction to the commercial tenant. Usually, this eviction notice can be issued when the tenant has not paid the rent on the due date. The notice should give an explanation as to why the landlord is asking the tenant to vacate the premises. Generally, a 3-day notice period can be given to a commercial tenant for non payment of rent. (See Reference 2)
The notice of eviction should be delivered to person in authority working for the commercial tenant. This person can be manager or an officer. Ensure that the person accepting the notice signs the acknowledgement receipt. (See Reference 1) Give the tenant time to comply to the notice. However, if this does not happen, then the landlord can proceed to court to get back the possession of the property. For this, the landlord would have to file a commercial tenant eviction complaint. This can be done by paying the court fees. On getting the complaint issued by the court, a copy of the same would have to be delivered to the tenant or the agent of the tenant. (See Reference 1)
When filing the eviction complaint, the landlord would have to prove with evidence why the commercial tenant should be evicted from the premises. The tenant, in turn, would be allowed to defend himself against these allegations. If the court rules in favor of the landlord, then it will issue an order for the commercial tenant to vacate the commercial property. (See Reference 1)
Usually, it is advisable to take assistance of an experienced real estate attorney to begin the eviction process against a commercial tenant. (See Reference 2) The cost incurred for hiring the attorney would offset the stress caused and the revenue lost.
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How To Evict Commercial Tenant
Many people now realize that that it is more profitable to rent out their properties than selling it. This is a prudent decide on their part given the downturn in the real estate industry. (See Reference 1) However, these homeowners should also realize the risk of renting out a property. 
