This is a very popular search in many search engines available. Many landlords just don’t know when they should follow professional legal advice. The truth is that eviction services are a delicate legal action that needs to be coordinated by a professional. Having a place to rent brings about many responsibilities. Both tenants and landlords are constantly in charge of legal matters that would otherwise be completely unfamiliar for them.
The first requirement for eviction
The main thing about filing for eviction is actually to file an unlawful detainer. That is to say, you cannot evict someone that is using or living in a property that is not yours. In some cases, you can be the legal representative of the property. So, first things first, you need to be the one entitled to run the facilities to evict someone that is using the space but without any regard of the law or lease agreement previously signed.
Remember not to evict yourself – No self-help
Some people believe that because it is their property, they have the right to use any means necessary to take a person out of it. This is not true. Legal actions need to be taken, and to do so you have to hire a lawyer. Changing the locks, not paying for utility services, harassing, or removing someone by force can cause some deep and serious consequences for the landlord.
Renting for home or renting for business?
According to the type of facility that is being rented, you can find units that are going to be used as the main home, and other units that are going to be used to run some business. This is the main difference between a commercial lease agreement and a personal one. You can find articles all over the web about this and read more about it in a split second.
The second requirement for eviction
Once you have a clear picture of the renting situation and you know you have full rights to file a claim, review your case against the tenant. The most popular reason for eviction if not paying rent. It would be necessary for you to check payment balances and bank statements. It is necessary to have all the information about a possible lack of payment. Try not to accept partial payments because this can interfere with the documentation or make sure that you keep good bookkeeping records.
There are other causes for eviction, although not paying is the most common. Some tenants decide to use the commercial unit for purposes that were not dealt with in the lease agreement. If this happens, the landlord is entitled to review the lease and ask the tenants to vacate the premises.
Some other causes for eviction include:
- Causing annoyance to other tenants and commercial units in the area
- Damaging the property
- Using the property for illegal purposes
- Having pets that were not allowed
- Violating any other term already discussed in the lease agreement
Types of eviction notices used for commercial tenancies
Once you have confirmed that you need and you can go for eviction, you have to start with a notification. An eviction notice has to be delivered to the tenant so as they know how to act. These notices have different periods of time to be executed before eviction becomes final.
The three-day eviction notice is the shortest one. It gives the tenant just three days to solve the non-payment and breaches of the lease. In some cases the problem cannot be solved, It is just obligatory for the tenant to quit the unit in a limited amount of time.
There are also 30-day eviction notices that can be used in commercial tenancies even if the tenancy is longer than a year. You may have to use a 60 or 90-day eviction notices if the commercial lease calls for it. They are used on occasions where there was no violation of the agreement, but the landlord wants to regain control of the property. Many eviction notices do not carry are required by the laws, but they are still a delicate issue to address. This is why it is better to hire a professional and avoid all the stressful situations that arise out of a tenant and landlord confrontation.
These guidelines are just meant to cast a light over such a difficult topic. Legal actions are always different from one state to another. It is always a good idea to contact your local lawyer.