Evicting a tenant from a commercial building can be a challenging task. The same way landlords have their rights, also the commercial tenets are protected by rights, thereby making it complicated for them to be evicted. However, when you follow the right steps, the [process should be easy. Though there are many factors that can make one to evict tenants from a commercial property, nonpayment of rent and breach of contract are some of the main reasons. In this article, we will take you through the steps to follow when evicting your tenets from a commercial property.
The primary step to evicting commercial tenants involves getting a lawyer. The attorneys will guide you in understanding the law that deals with commercial tenants eviction. 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. 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.
Now that you have a lawyer, you need to know if the tenant has filed bankruptcy. At times, some tenants may file bankruptcy to prevent the landlord from evicting them from the property. 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. In the event that tenants file bankruptcy after you have begun an eviction process, the federal law will side with you.
At times, one may want to evict tenants on grounds of non-payment of rent, in such cases, you may want to pay attention to these steps. First, you need to give notice of default to the tenants. When preparing an eviction letter, you need to mention the reasons for evicting the landlord. 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. Therefore, if you pay attention to the tips mentioned in this post, you can be assured of evicting the tenants who have defaulted in paying rent.