In the landlord business, a large percentage of evictions are from commercial rentals. Sometimes, a commercial tenure may end following late rent payment, or the renter is not able to maintain the property. At this stage, the landlord should follow the legal guidelines for a commercial eviction process. The landlord should also be aware of all the legal steps to undertake.
The different phases of a commercial eviction process
To make the situation more manageable, any property owner can use a commercial eviction process. Regardless of the situation, prior to the start of the eviction, it is important for the landlord to follow the correct procedures.
- Take cognizance of the eviction laws
The laws for eviction vary from country to country and state to state. The owner should be familiar with the landlord and tenant act for their state. Refer to the laws while preparing the lease agreement. In California and elsewhere, you can hire a Landlord Tenant Lawyer for better guidance.
- Have a legal reason to start an eviction
As a landlord, you cannot start a commercial eviction if you do not have a valid reason. The following will be sufficient cause to file an eviction process: frequent late rent payment, violation of terms stipulated in the lease agreement, or causing damage to the property.
- Consider having a conversation with your tenant
Before embarking on a commercial eviction process, it is best to try to reason with your tenant. Have a good conversation and try to remediate the situation. If your tenant does not want to abide by what you are asking, then serve an eviction notice. They may be eager to cooperate and remedy the situation because their business may depend on it.
- Notice of eviction
Having an uncooperative tenant may make your life hell. Being a landlord, you have the right to evict your tenant. However, make sure to do so according to the legal procedures set by law. The notice of eviction is a sort of ultimatum stating the reason why the tenant should vacate the building or unit.
- Start an eviction procedure with the court
At this point, if the tenant is still not willing to remediate his offenses, then visit your local court to file a case of eviction. The court will schedule a hearing date and send a summons to your tenant to be present in the court.
- Prepare to attend the court hearing
While testifying at the court, you should have all the documentation you need to prove the tenant has breached the lease agreement. Evidence that you need for your case include a copy of the lease agreement, a printed record of continuous late payment or bounced checks, any phone or email records, a copy of the notice of eviction, and a record of the receipt from the U.S. Postal Service stating that the tenant has duly received the notice.
- Expel the tenant
If the court sentence is in your favor, then the tenant will have a set amount of time to leave the commercial building.
Legal steps for processing a commercial eviction
Depending on your country’s laws, there are different legal steps to consider before coming to a final eviction.
- Send the appropriate notice
As soon as you are aware that your tenant is violating the lease agreement, you must serve a written “notice to quit” or a “demand of possession.” These two notices vary for different countries. Follow the legal period for sending the notice for eviction.
- File a court case
If the tenant won’t leave upon receiving notice, then the landlord should file an official complaint with the court. Inquire at the court about the form to fill in and the documents required to support the case.
- The court hearing
On the day of the hearing, the owner of the building should appear at the court along with their attorney. The tenant will also be present to contest the eviction process. Therefore, the landlord should have all the supporting documentation to prove the tenant is wrong.
- The Writ of Possession
The court will serve this writ to the tenant if the landlord wins. It states to return possession of the commercial building. Usually, a police constable will have the job of serving the paper to the tenant.
- The eviction
On the Writ of Possession, it will state the date on which the tenant should vacate the building. The sheriff’s deputy or constable, with the landlord present if he wants, will escort the tenant off the premises and lock him out.