Facts to Know About Commercial Tenant Eviction

 Posted on July 25, 2023 in Commercial Litigation

Most landlords do not want to initiate the eviction process unless they truly need to. Evictions can be expensive, and you still may not be able to collect past due rents from a tenant who has stopped paying. As a commercial landlord, you have special concerns that a residential landlord may not. Most or all of your clients are likely business entities. Members of the public are often invited into commercial buildings for business purposes, meaning that you have special concerns regarding keeping your building or unit in good repair. Evicting a business entity that has violated its lease may be as complex as evicting a resident in some cases. However, commercial tenants are not necessarily protected by the same laws that residential tenants are. For some types of lease violations, evicting the tenant and attempting to collect a past-due balance or damages may be the best way to protect your property and yourself. It is important to speak with an attorney before initiating the eviction process. 

Lease Violations and Evictions in Commercial Properties

When your commercial tenant violates the terms of their lease in a major way, you may have the power to evict them. Common types of lease violations commercial landlord may experience include: 

• Nonpayment of rent is a primary cause of commercial eviction - Nonpayment of rent is likely the most common violation of a commercial lease that ends in eviction. Often, a business entity that is failing will become unable to keep up with rent payments. When a tenant falls too far behind on rent, you may have little choice but to evict them. Because the eviction process can be long and arduous, many landlords will make efforts to establish a repayment plan with their tenants before starting an eviction. An attorney can advise you if you are considering this alternative. 

• Procedure is important - There is a clearly defined and very specific procedure for carrying out an eviction, from the first step to the last. It is critical that this procedure is followed properly. Failing to correctly serve a notice or miswording a request to vacate could result in your eviction case being dismissed and you having to start over. 

• Other major lease violations can allow eviction - Nonpayment of rent is not the only reason a commercial landlord may need to evict a tenant. A tenant who has caused significant damage to the property or is creating a significant disruption to your other tenants can also likely be evicted. 

The process for evicting a commercial tenant may be complex. It is best to work closely with an attorney if you have identified a tenant you must evict. 

Contact a Chicago Commercial Landlord Disputes Attorney

Teller, Levit & Silvertrust, P.C. is experienced in helping commercial landlords evict problematic or nonpaying tenants. Our committed team of Chicago commercial landlord disputes lawyers will strive to make the process as quick and simple as possible. To schedule a confidential consultation, please contact us at 312-922-3030. 

Source: https://cbaatthebar.chicagobar.org/2019/11/19/illinois-adds-new-eviction-protections-for-commercial-and-residential-immigrants/