The U.S. government gives certain rights to tenants that protect them from unlawful eviction. Commercial tenants do not receive the protection that residential tenants do, but there is still a procedure that must be followed to evict them. Landlords must abide by the terms of eviction mentioned in the leasing agreement. In case the tenant breaches the agreement, the landlord has the right to send an eviction notice. If the tenant does not breach the lease agreement, the landlord might find it difficult to get an eviction.
There are three types of eviction notices that you may send to your tenant.
- Pay Rent or Quit: This notice may be served to a tenant who is refusing to pay rent. It notifies the tenant to pay rent or quit the lease.
- Cure or Quit: This is similar to the Pay Rent or Quit notice, except in this case rent is not the issue. The landlord asks the tenant to solve the problem or quit the lease.
- Unconditional Quit: This notice does not give tenants the opportunity to correct their offense. Some states do not allow landlords to send unconditional quit notices, due to tenant rights.
If you are a landlord and you feel that your tenant is breaching your lease agreement, it may be best to contact an attorney to file for eviction. The first step in the process is to make sure you have a valid reason to evict your tenant. You must notify your tenant about any issues that you have with the way your property is being used. In most states, a three-day period must be provided to the tenant so they can fix the issue. In case the tenant fails to resolve the issue, you may file an eviction case in the appropriate county court. Providing the judge with strong evidence will tilt the case in your favor.
Filing for eviction is a complicated process, and might require the expertise of an attorney. An attorney will guide you through the process and might be able to get your property evicted.