How to Evict a Commercial Tenant When Rent is Behind

Dealing with a commercial tenant who is behind in rent can be challenging, but understanding the legal framework and procedures can make the process smoother. Eviction for commercial properties follows similar steps as for residential properties, but the specifics vary by state. This article will guide you through the process, emphasizing the importance of a well-drafted lease and appropriate legal procedures.

Understanding the Lease: The Cornerstone of Tenancy

The first step in any dispute involving a commercial tenant is to examine the lease agreement. A lease is a binding contract that outlines the rights and responsibilities of both the landlord and tenant. By carefully reading the lease, you can identify the specific clauses that relate to rent payments, breach of contract, and the eviction process. If the issue is not clearly outlined in the lease, it is essential to have open and honest conversations with the tenant to resolve any misunderstandings.

Laws and Procedures Vary by State

When it comes to eviction, the laws and procedures differ significantly by state. It is crucial to consult with a lawyer who specializes in commercial tenancy to ensure that you comply with all relevant state laws. Ultimately, the process typically involves the following steps:

Filing paperwork with the local landlord-tenant court Issuing a summons to the tenant to appear in court Attending the court hearing and presenting your case Following through with the court's decision if the tenant does not comply

It is important to note that not all jurisdictions require a court order for eviction. In some areas, you can issue a non-payment notice after the tenant misses a rent payment, followed by a 15-day grace period. If the tenant does not resolve the issue within the grace period, you can call in a bailiff to file the paperwork and post a notice on the premises.

The Two Common Procedures for Eviction

There are two well-known common procedures for evicting a commercial tenant:

Procedure Requiring a Court Order

In some jurisdictions, evicting a commercial tenant requires a court order. To obtain this order, you must file the appropriate paperwork and hire a lawyer experienced in commercial tenancy. The court will then issue a summons, and the tenant must appear in court to explain their position.

Procedure Without a Court Order

In other jurisdictions, the process is simpler. You can issue a non-payment notice (often valid for 15 days) and, if the tenant fails to pay or arrange other payment methods, you can call a bailiff. The bailiff will file the paperwork, post a notice on the premises, and change the locks. All items within the unit become the property of the landlord, and if the tenant wishes to regain access or retrieve equipment, they must negotiate with the landlord.

Preparing for Court Action

To successfully evict a commercial tenant, you must prepare thoroughly. Here are the key steps:

File a civil lawsuit known as a detainer warrant suit in court For corporate landlords, hire a lawyer as corporate entities cannot be represented by non-lawyers For private landlords, conduct extensive research and prepare yourself Most courts expect individuals representing themselves to be familiar with court rules and evidentiary rules. These rules can be obtained from the court clerk's website or by request. Check for any COVID-related regulations that may affect the process Ensure that any monetary judgment for delinquent rent is included in the pleadings Make sure that the tenant has been properly served, as an improperly served judgment cannot be granted

By following these steps and understanding the legal framework, you can effectively manage the eviction process for a commercial tenant who is behind in rent. Always consult with a lawyer to ensure compliance with all relevant laws and regulations.