A landlord is entitled to remove a tenant who has leased commercial property through a commercial lease eviction, under due legal process. Various reasons for which commercial lease
Business Eviction Process for Landlords
As a landlord, evictions are part of the business. Tenants, who fail to pay rent on time, fail to remedy serious breaches of the lease contract, or refuse to vacate the premises after the lease term has expired, are all encountered by commercial landlords. In such cases, the landlord has every right to evict such tenants. Typically, the landlord presents a written eviction notice giving three days’ time for the tenant to vacate and then files for eviction of erring tenant in a court of law and then prepare for hearing during which, if the court gives a favorable decree, they can evict the tenant. Commercial lease evictions require strict adherence to a set of conditions which are binding as per tenancy contract.
Business Eviction Process for Tenants
As a small business owner, you may find rent premises a better deal than buying your premises. While renting is convenient and relatively cheap, it also means navigating through these commercial lease agreements. The tenancy agreements and state laws confirm both landlord and tenant rights regarding eviction. Self-help evictions are also not permitted, and due court process must be followed in evictions. Evictions without a reasonable cause is not allowed and that too after three-day written notices are issued. The landlord must also follow due court processes as per state laws
Eviction Processes for Landlords
As a landlord, even evictions become part of the business. Tenants who keep failing to pay rent in time, or fail to correct serious breaches of the lease contract, or have refused to vacate your premises after the lease term expired, are all issues faced by commercial landlords. In such cases, the landlord has every right to evict such tenants. Typically, the landlord presents a written eviction notice giving three days’ time for the tenant to vacate and then files for eviction of erring tenant in a court of law and then prepare for hearing during which, if the court gives a favourable decree, they can evict the tenant.
Could a Business Tenant Appeal the Eviction?
Tenants can file an eviction appeal and the acceptance of the appeal by the court keeps the initial eviction order on hold till the hearing of an appeal. Some reasons for tenants appealing in eviction cases, include: eviction for reasons that are not contract violations and tangible proof exists about tenant having set right the landlord’s complaints prior to serving eviction notice. The tenant may have missed the Motion for Reconsideration filing deadline. However the USA and UK governments permitted small businesses, a temporary moratorium during the Covid-19 pandemic which is not applicable to otherwise lawful or at-fault evictions for reasons other than non-payment of rent due to a substantial loss and/or out-of-pocket medical expense as a result of COVID-19. In USA , the moratorium ended on 31 Dec. 2021
Conclusion
Understanding the eviction process is necessary for both landlords and tenants as both must understand legal procedures followed by this civil process in their jurisdictions. Most jurisdictions do not allow for self-help evictions, and landlords must give written notice to their tenants before filing any formal eviction notice. The Covid-19 situation has affected small businesses all over the world.