When a commercial tenant fails to make their rent payments or violate your lease agreement. However, eviction is the last resort after several efforts have been made to mediate the problems with the tenants.
Evicting a commercial tenant is time consuming and costly. It is much easier to prove the tenant owes you arrears compared with a breach of the lease agreement. In many cases, the process of eviction of a tenant is a burden of the proof that shows you have probable cause.
Business Decision Making
The occurrence of cash flow problems to businesses makes it hard to lock the tenants from their areas of business when they fail to meet their monthly rent. There are a number of steps which must be followed to legally evict a commercial tenant.
Prior to making decisions on eviction of your tenant, you must consider a number of business aspects. You should be able to determine the time of taking the lease of the property and the costs incurred in form of repairs. You should also establish the monetary financial troubles bound to occur if the tenant stays with the current rent.
The legal process of eviction of the commercial tenant should be reached after weighing the number of options available. Without seeking the legal manner of solving manners, you will end up losing money on your property.
Hiring a Lawyer
It is important to understand there is a different between residential and commercial tenants in regards to rights of each body under the law. Business tenants are common to abuse from landlords compared to residential residents. Property owners are further guided by specific laws pertaining to their state hence cannot violate them.
Since the due process of evicting a commercial tenant must be followed with respect to the law, you should consult litigation advocates to help you file for an eviction order. There are some few factors that must be weighed in, such as whether it is a partnership or corporation, or whether the lease was provided personally or through a business owner.
Early Discovery of Whether Tenant Has Filed for Bankruptcy
It can prove to be a bit complicated especially when you are evicting a tenant who has filed for bankruptcy especially with the beginning of the eviction process. There are a number of laws which are passed to stop the process of eviction for commercial tenants when involving a bankruptcy court. There are individual state laws which can impact the eviction process of a commercial tenant over non-payment of rent arrears. Automatic stay can be granted to the commercial tenant when they file for bankruptcy before the landlord attempts to evict them from the property as soon as the rent arrears build up.
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