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Steps to Follow When Evicting Commercial Tenants.

greatlocalattorneys819Jan 28, 2019, 5:16:47 PM

Evicting residential tenants is not as hard as evicting commercial tenants. The reason why evicting your commercial tenant can be challenging is that your rights as a landlord are balanced by the tenant's rights, hence both rights need to be considered before you evict the tenants. 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. Learn more about Advocate from http://www.litigationadvocates.com/commercial-tenant-evictions/. In this article, we will take you through the steps to follow when evicting your tenets from a commercial property.

First and foremost, before evicting your tenants, you need a lawyer. The reasons for getting an attorney is that they will assist the landlords in understanding the law. Furthermore, before evicting the tenants, you need to know if the business 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.

The next step involves checking if the tenants you would like to evict 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.

In this section, we will take you through the steps to fowl when you want to evict a tenant who has not been paying rent. Once the court allows you to continue with the eviction, you need to send the tenant a default notice. To get more info about Advocate, click this homepage. When preparing an eviction letter, you need to mention the reasons for evicting the landlord. After sending the tenants eviction notice, the law provides them with a three day period for them to find ways of fixing the problem.

Before a tenant is allowed to rent a property, they need to sign a lease agreement; therefore, landlords who want to evict the tenants need to go through the lease agreement as it will guide them on the right steps to follow. Suppose the tenant fails to leave the building after the cure period expires, you can file an eviction case. The tips discussed in this post will assist you in knowing the right steps to follow when evicting tenants who have defaulted in paying rent. Learn more from https://www.youtube.com/watch?v=gdVs2ImpDJM.