When a commercial tenant fails to make their rent payments or violate your lease agreement. In case all efforts in mediating with the tenant has failed, then eviction should be the next scenario.
The process of evicting a commercial tenant can be both costly and time consuming. Proving that your tenant violated the terms of the lease agreement is hard compared to proving the tenant owes you rent arrears. The eviction of a tenant can showcase you have a probable cause which is another burden.
Final Business Decision Making
Business owners are all subject to cash flow problems occasionally, however if your tenant is unable to meet the rent or unwilling to work out with you, it is not legal to lock their doors. There are a number of steps which must be followed to legally evict a commercial tenant.
Before evicting your tenant, it is important to consider the business aspects. You should determine the period of seeking the lease of the property and costs incurred to take care 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 taking through the legal process of evicting the tenant, it means you are losing out on money on your property.
Hiring a Lawyer
There is a different for the rights governed under the law offered to both the residential and commercial tenants. 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. This is largely dependent on whether the business is a corporation or partnership or whether the lease was personally provided or by the business owner.
Discovering 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. Different states have different laws which stop the eviction process from taking place for the commercial tenants especially with the involvement of a bankruptcy court. There are a number of individual state laws which can bar the eviction process due to rent arrears for commercial tenants. In case a tenant has filed for bankruptcy before the landlord attempts to evict them over non-payment of rent, it qualifies as an automatic stay in favor of the tenant.