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October 7, 2009
Getting Commercial Tenant Out
My commercial tenant from hell's lease is finally up at the end of January. Has anyone had success in getting a tenant out once their lease has expired, without going for a holdover
Comments
Commercial tenants are much easier to get rid of legally than residential tenants. The person might be a complete pill, but s/he has very little standing in court.
Posted by: Maly at October 7, 2009 3:31 PM
...but can still drag it out in court for months and months if it suits them to do so.
Posted by: Minard Lafever at October 7, 2009 3:47 PM
But if we have to go to court he'll pull every scam he can to keep adjourning, then he'll get months w/o paying any rent
Posted by: PAL at October 7, 2009 4:46 PM
Is the lease written to a shell corporation? If it is, then there isn't much incentive for him to leave.
Posted by: modsquad at October 7, 2009 5:07 PM
Actually at some point and a good lawyer will do this, is force the commercial tenant to cough up the rent or a warrant can be issued forthwith. There's really no grounds for the tenant to argue from, especially if the Lease has expired, unless there is a renewal clause of course.
An uncontested eviction of a commercial tenant should take 30 to 60 days.
The other option is to preemptively strike. Is he now in any violation of the Lease? Send him a three day notice to cure and start eviction now.
Posted by: modsquad at October 7, 2009 7:15 PM
No ML, a commercial tenant can't drag it out the way a residential could. PAL, get a lawyer to help you if your tenant is difficult. An ounce of prevention will save you some time.
Posted by: Maly at October 7, 2009 9:19 PM
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