Evicting a tenant is often a painful experience. Evicting a commercial tenant is an especially process. The process is time-consuming and expensive. In a few situations, they can become physically dangerous.
If you have a clear and concise lease agreement, you can keep the expense and trauma that can come with eviction to a bare minimum.
How a Strong and Clear Lease Can Prevent a Costly and Potentially Violent Dispute
If you have a poorly written lease agreement, you will eventually have to deal with a dispute. The language of a lease agreement will govern the relationship between you and your tenant for the next 5-20 years. If you want to avoid a headache, you will want to hire an attorney to look at your lease agreement before you sign it.
An experienced attorney understands the legal side of commercial leases and the business world involved in that lease. They can write a contract that contains strong and unambiguous language that will prevent future litigations.
If an Eviction is Necessary, What Is the Common Procedure For One?
The eviction process will typically follow these five steps:
Eviction Notice Delivered
You will deliver the notice to the tenant or post the note on his or her premises. If you don’t do this step correctly, you will not be able to get a court order for possession at trial.
File a Complaint
Once the notice expires, you may file a complaint with the court and have a summons delivered to the tenant to begin the formal eviction process. This summons may be posted on the premises or given to the tenant personally.
The Summons Sets a Deadline For the Complaint Response
The tenant must respond by the date to respond to the courts. If the tenant doesn’t respond by this deadline, you may obtain a default judgment for possession. If the tenant does respond, the court will set the case for trial within a week of the tenant filing the answer.
You and the Tenant Go to Trial or Reach an Agreement
Most tenants believe the court will help mediate a settlement between you and them. Unfortunately, this is not the case. Once the dispute reaches the courtroom, there can only be one winner.
If You Cannot Reach An Agreement, Go to Trial and Await Judgment
The judgment is effective the second the judge makes it. However, the court won’t provide a Writ of Restitution for up to two days. This writ is an order from the court to the sheriff to remove the tenant and his or her possessions from the property.
The length of time for the proceedings will vary, but the hearing can be conducted within three weeks after you give the eviction notice to the tenant.
If you’re a landlord and need help creating an effective lease agreement, contact us today to help you.