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Understanding your rights as a tenant regarding eviction

If you lease commercial property and are facing an eviction, it is important to understand why the landlord is evicting you and what your rights are.

According to Chron, a commercial renter does not have the same legal rights as a residential renter. However, the landlord does need to follow provisions outlined in the lease, so the first place to start is by carefully reading over the terms of the lease.

Grounds for eviction

To start, a landlord must have a valid reason for evicting a commercial tenant. This may include unpaid rent, forbidden business activities, frequent late payments or another violation of the lease. If there is a clear violation of the lease on your part, the landlord has the right to begin the eviction process.

However, read the terms of your lease carefully. For example, you may have a grace period to pay all missed rent payments, and if so, the eviction process cannot begin until that time expires. If there are no legal grounds for eviction, the landlord must wait until the lease expires to get rid of the tenant.

Ensure written notification of the issue

If there was a specific problem, the landlord must inform you of the issue in writing. There may be a cure period, in which you have a specified period of time to remedy the situation after receiving notice. This period is often for three days, but it could be longer if stated in the lease.

If there is due cause for eviction, the landlord should go through the court to receive a writ of possession. This gives the landlord the right to evict a tenant and repossess the property.