Drafting and Sending a Commercial Eviction Notice

If your commercial tenant breaches the lease for any reason, you have the right to institute a commercial eviction against your tenant. The most common reason for commercial eviction is the tenant fails to pay their rent.   Other reasons include:

• Tenant vacates the property before the lease expires
• Abandonment of the property by tenant
• Illegal or unauthorized use of property by tenant without landlord’s permission
• Tenant sublet or assigned space without getting landlord’s permission
• Tenant made unauthorized repairs or additions to the property  
• Tenant violated the law while on the property
• Interference by tenant with another tenant’s business

You must follow the eviction laws exactly, or you will have to start the process over again.

Eviction Notice

Many landlords prepare their own eviction notices while others hire an attorney.  Your notice should contain the following information:

• The tenant’s name and property address
• The reason for the eviction
• Unpaid rent amounts
• Damages to the property
• When tenant must vacate the property
• Your contact information or your attorney’s information

Each state has different landlord/tenant eviction laws and notice provisions so you should check your state laws to find out how much notice you must give your tenant and any other information you need to provide in your notice.  Generally, you must give your tenant at least 3 and up to 10 days notice to vacate the premises. You should send your tenant the notice either by certified mail and/or hand delivered depending on what your lease provides and in accordance with your state laws.  The time period is extremely important as well so make sure you are in compliance.  You don’t want to waste time starting the eviction process all over again if you make a mistake.  Since evictions are complicated, you may want to discuss the eviction matter with your attorney first.

Resolve Disputes with Your Tenant

To avoid the costs and hassle of having to evict your tenant, it is always better to try and resolve your disputes first.  If you cannot, then start the eviction as soon as you can so you can locate another tenant.  You don’t want to evict your tenant, and then have your property sit vacant for several months. To avoid this, start looking for another tenant as soon as you decide you have to evict your current tenant.

Attorney Help

Since eviction matters can be complicated, you should hire an attorney to assist you with the process. A commercial real estate attorney can prepare the necessary eviction documents, eviction notice and serve them on your tenant.  The attorney is an expert in commercial landlord/tenant law and evictions, and can represent you in court.