Causes for Commercial Eviction

Commercial eviction occurs when a commercial tenant fails to pay their rent or breaches the lease for any other reason.  The landlord and tenant should both understand the commercial eviction process.  The landlord must follow the eviction laws exactly.  Otherwise the eviction may not be legal, and the landlord may have to start the process over again.  The eviction laws vary in each state so it’s a good idea to check your state laws.   Most states require that the landlord give the tenant written notice of the eviction.  Evictions can be expensive for landlords.  Tenants should avoid evictions because they damage business reputations and credit.  It’s best if the parties can work out their differences to avoid eviction.   However, sometimes landlord/tenant disputes end in eviction. 

Reasons Why Tenant Stops Paying Rent

The following are typical reasons why a tenant may 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

• 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

Many landlords prepare their own eviction notices, while others use an attorney to handle the eviction for them.  The tenant has the opportunity to fight the eviction in court if the tenant feels that the eviction is unlawful.  If the tenant is behind in rental payments, the tenant may also have an opportunity to pay the past-due rental amount and stop the eviction. Evictions can be complicated so you should consult with an attorney.   

Seek Legal Assistance

It is recommended that you hire an attorney that is experienced in evictions of commercial tenants and landlord/tenant laws.  The attorney can explain the eviction laws, and answer your questions.  The attorney can represent you in court with regard to an eviction matter.