As a property owner, you prefer for all of your commercial tenants to enjoy booming success. Unfortunately, this is not how the market works, and sooner or later, you may face a dilemma surrounding whether or not to evict a commercial tenant. While it is possible to evict a commercial tenant on a number of grounds, it is usually most successful to pursue eviction due to nonpayment of rent.
If you choose to move forward with the eviction, it is always wise to send the tenant an eviction notice, even if your lease does not explicitly require you to do so. The notice should be specific about how much rent is past due and how long the tenant has to pay it in full to avoid eviction.
Often, a tenant may try to offer you partial payment to keep the eviction from moving forward. If this is suitable and you are willing to work with the tenant, it is wise to set these terms in writing. If you still want to move forward with the eviction, it is wise to not accept partial payment. In some cases, the court may not allow you to evict the tenant after accepting partial payment. If the tenant is unable to pay in full by the date you give them, you may serve them an official eviction notice and set a court date for an eviction hearing.
These matters are never simple to navigate, and it is sometimes difficult to keep business strictly about business. Many property owners find that it is helpful to have an attorney guide them through the process, while also serving as a buffer between themselves and the tenant. An experienced attorney can help you understand a wise path forward for your commercial eviction and also keep the process professional, not personal.
Source: The Balance, “Learn How to Evict a Commercial Tenant,” Lahle Wolfe, accessed Sep. 08, 2017