How do I stop my eviction from a commercial business?

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Question:

How do I stop my eviction from a commercial business?

Answer:

When a commercial tenant breaches the lease agreement in any way, usually by not paying the rent, the landlord has the right to evict that tenant. In this case, state law provides the procedures for the eviction that usually requires that the landlord gives the defaulting tenant timely notice of the eviction. If the landlord does not follow the statutory requirements, the eviction may not be legal.

However, there may be valid reasons for the tenant's actions. It is always advisable for the tenant to discuss the situation with the landlord to avoid escalation of the problems. If, for example, there has been a downturn in a tenant's profits making it economically unfeasible to pay full rent, the tenant may request an abatement of rent for those affected months or even ask to "go dark" which is basically shutting the doors on operations (and thus cutting operating costs) while paying a discounted rent.

Below are some reasons why some tenants stop paying rent:

  • The tenant’s business is in financial trouble.    
  • The landlord failed to make repairs, and the tenant is withholding the rent to force the landlord to comply.   The tenant may have suffered economic damages as a result of the landlord’s breach in not making the repairs.
  • The tenant filed bankruptcy. A tenant that has filed for bankruptcy protection cannot be evicted.  If the tenant is reorganizing and decides they want to stay, the tenant is responsible for paying the rent to the landlord.  The rent may be adjusted to a lower amount if the parties agree.

Other reasons for eviction may include:

  • Tenant vacated the premises before the lease expired
  • Tenant abandoned the property
  • Tenant is using the premises for a different business use without the landlord’s permission or is conducting an illegal business on the premises
  • Tenant sublet  the property without the landlord’s permission
  • Tenant made unauthorized additions or repairs to the premises
  • Tenant violated the law
  • Tenant is interfering with another tenant’s ability to conduct business

A tenant has the opportunity to fight its eviction in court if it feels that the eviction is unlawful. Additionally, if the tenant is behind in rent, the tenant may request an opportunity to pay the arrearage amount to stop the eviction. 

Seek Legal Assistance

Since evictions are complicated situations, you should consult an attorney as soon as possible to determine your rights under commercial tenant laws. Find an attorney to discuss how to stop an eviction in a commercial business.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a lawyer for your case.

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