How to Evict a Commercial Tenant
The laws for evicting a commercial tenant vary from state to state. However, it is usually a simple process to evict a tenant, as long as you know your state's particular laws. If you don't, you are better off taking your eviction case to a commercial real-estate lawyer; you want to tread carefully whenever you are facing an eviction.
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Instructions
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Issue an eviction notice to the tenant. In this notice, you have to cite the reason for the eviction. For instance, if your tenant has missed a rent payment, you can send him a notice requiring that he either pay the rent or move out by a certain date.
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When you fix the date, abide by state law. For example, California state law gives tenants 3 days to either pay their rent or move out. The same 3-day notice goes for other violations of the rental agreement, such as noise- or pet-related infractions.
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If the set date has passed and your tenant has not addressed the problems as stated in your eviction notice, go to court. See a commercial real-estate lawyer about setting up a court hearing for your eviction. Your lawyer may ask to see documentation or other proof of the tenant's violations.
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Know what comes next. After viewing the evidence, the lawyer will draw up papers to serve to the tenant and set up a court hearing date. If the violation is severe enough, the judge will likely rule that the tenant has to move out immediately. If the tenant owes back rent, the judge will also likely stipulate that the tenant pay it back over time.
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Tips & Warnings
Act quickly if a tenant is in violation of your rental agreement. If you wait too long, the tenant may owe more money than he can possibly repay, which leaves you permanently in the hole.
Remember that most states do not grant commercial landlords the right to engage in "self-help" eviction (changing the tenant's locks or turning off his utilities). If you engage in self-help, your state will likely issue you severe penalties.
