Monday, April 22, 2019
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Why do Commercial Evictions occur?

First of all, when we approach the situation of eviction, we hope that we had already spent time trying to avoid it and then we turn to our last resorts. Whether you are a landlord or a commercial tenant, evictions are a complicated process that is both times consuming and emotionally draining. The best possible scenario is one in which landlord and tenant can come to an agreement and eviction is avoided.

Landlords have to do all this paperwork that the law requires. They should also notify the commercial tenant by giving proper notice pursuant to the commercial rental agreement: sometimes before the rent is due, then when the rent is due and later on when the eviction has been decided, and the commercial tenant has to go to trial with the landlord. Then, if the commercial tenant didn’t present in court or if their claims were not accepted and they lost their cause, they have to be evicted. This process then requires the landlord again to notify that the eviction day approaches, sometimes (depending on the state) there are a lot of notifications to be done before the eviction starts.

Landlords and their commercial eviction attorneys are charged with preparing the tedious process of preparing an eviction so that it can be filed in court as an Unlawful Detainer. As eviction notices are sent to the tenant, it should also be certified that the tenant was aware of each. Many prefer hiring the services of an experienced lawyer to guide them through this process. Visit https://expressevictions.com/commercial-eviction/ to hire the services of a commercial eviction attorney. This is preferred due to the complicated nature of the process and the fact that there are many specifics of the law that vary by state in the US.

Additionally, to being a slow and tedious process, evictions can also affect both the reputation of the landlord and that of the owner of that property, or the reputation of the commercial tenant, as a non-stable person that cannot keep up with the normal payments any rent requires.

Why are commercial evictions still occurring continuously in the United States?

There are a number of specific reasons that make eviction the only solution available for property owners to solve the problem that a troublesome commercial tenant signifies.

For any property owner, it is important to have a commercial tenant that respects their property and adheres to the terms of the commercial lease agreement. A healthy relationship with any owner starts with compliance with the lease agreement signed by both tenant and landlord. There are also general rules that should be respected because they are indicated in the law. For example, it is illegal for a landlord to do nothing if they know illegal activity is being performed inside of their property. This is considered complicity to the eyes of the law.

There are many other reasons similar to what we just exposed. In the following list we will explore only the most common of them:

-If tenants violate the law in any way related to the tenancy, they can be evicted.

-When tenants have vacated the premises before the period of the lease agreement expires, but fail to turn in the keys, they can be evicted.

-Using the commercial location for a purpose that was not the one intended for the tenancy is a grave offense and can be a very strong reason to vacate a business from the premises.

-Sublet the property without the permission of the owner. Sometimes the owner can give permission but subletting without their consent is somewhat similar to theft because the tenant is giving access to the property to a business owner that is not identified in any lease agreement known by the real owner.

-If the property or parts of the property are rented to more than one business and any of their owners or employees interfere with the business of their fellow commercial tenants, the ones interfering can be evicted.

 How can a landlord prepare an eviction?

Let’s remember that each tenant has the right to fight the validity of the eviction in court if they consider they can prove it is unlawful.

If a landlord prepares an eviction by themselves, they should visit the court every time they want to follow each step of an eviction. The notices (inadequate forms and properly certified paperwork) should be submitted during any of the stages of the process. When the notices end, they can proceed to go to court to wait if the eviction.