As a landlord of commercial property, maintaining commercial tenants who pay their rent in a timely manner and abide by the terms of their lease is critical to your livelihood. Unfortunately, not all tenants will be “good” ones. In some cases, you may find yourself wondering if eviction is the way to go and if so, how to proceed.
Common reasons that lead to eviction
The following are three common situations that lead to the eviction of commercial tenants:
- Unpaid rent. Rent that is consistently late or not paid at all is one of the biggest reasons to evict a tenant. Paying regularly and on time is a critical term for tenants must abide by and landlords are well within their rights to begin the eviction process due to nonpayment.
- Holdover tenancy. If a tenant continues to occupy their commercial space even after the lease has expired without renewing their contract, the landlord may move forward with evicting the tenant. They may also be able to collect damages in some cases.
- Breach of commercial lease terms. Violations to the lease agreement commonly lead to disputes, as well as evictions. Whether these violations were intentional or accidental, landlords may proceed with the eviction process if the tenant does not take swift action to remedy the breach.
Proceeding with the eviction process
Depending on the “why” behind the eviction, the process may slightly differ. Generally, landlords must always provide notice to tenants before beginning the eviction. For nonpayment, landlords must provide three days’ notice. For eviction due to other reasons, landlords must provide 15 days’ notice.
The tenant then has five days to respond. In the event that the tenant fails to take appropriate action or respond at all, you may proceed with the eviction process.
Upholding your rights as a landlord
Any commercial leasing dispute can be stressful, especially those that lead to eviction. An experienced commercial real estate attorney can help you understand your rights and navigate the eviction process.