What Are Commercial Tenant Evictions?

Commercial tenant evictions are sometimes necessary when tenants fail to uphold their lease obligations. Whether they’ve defaulted on rent payments, violated lease terms, or abandoned the property, you might need to remove them from your premises.

When that happens, a Brown Dunning Walker Fein Drusch PC real estate lawyer can help ensure you follow the correct procedures to evict them legally, avoiding potential delays or costly legal missteps.

Understanding Commercial Tenant Evictions

Evicting a commercial tenant differs from evicting a residential one. The lease terms typically guide the process, meaning the lease will be your first point of reference. Still, each state has laws governing how to proceed with a commercial eviction, and you’ll need to adhere to these regulations.

For example, if your tenant stops paying rent, you might be unable to evict them immediately. There are often mandatory waiting periods or notice requirements before filing for eviction. In addition, if the tenant claims they’ve withheld rent because of problems with the property, this can complicate matters. A real estate lawyer with Brown Dunning Walker Fein Drusch PC can help you handle disputes related to property conditions or lease breaches.

The Role of a Real Estate Lawyer in Evicting Commercial Tenants

When you own commercial property or represent a lender who has taken control of a property, the eviction process can seem overwhelming. That’s where having a Brown Dunning Walker Fein Drusch PC real estate lawyer on your side comes into play. We’ll assist with the legal steps required, ensuring everything’s done correctly so you can regain control of the property efficiently.

An attorney who knows real estate law will review the lease, checking for any clauses that pertain to eviction, notice requirements, or other legal hurdles you might face. This allows you to avoid common mistakes that could lead to delays in the eviction or even a countersuit from the tenant. If a tenant refuses to vacate, a lawyer can also help you obtain a court order to enforce the eviction.

Eviction Notices and Court Proceedings

One of the first steps in a commercial eviction is sending the appropriate notice to the tenant. Depending on the reason for eviction, this might be a notice to pay rent or vacate or to cure a lease breach. This document must meet certain legal standards, and any error in its drafting or delivery could render it invalid. A real estate lawyer will ensure that your eviction notices comply with state law, minimizing the risk of mistakes.

If the tenant doesn’t respond to the notice or fails to remedy the breach, you may need to file an eviction lawsuit. Court proceedings can be complex, and a real estate lawyer will represent you during the hearing, presenting evidence of the lease violation or non-payment of rent. In cases where a tenant files a counterclaim, your attorney can defend against those claims to keep the eviction moving forward.

Why You Shouldn’t Delay Taking Action

By consulting a real estate lawyer early on, you can begin the eviction process swiftly and legally, ensuring you regain control of your property as quickly as possible. Don’t hesitate to contact Brown Dunning Walker Fein Drusch PC online or call (303) 329-3363 to learn more about how we can help.