The law usually gives the landlord and tenants an equal power when it comes to matters pertaining a lease agreement. That means as much as you own a commercial property, you have no right to wake up one morning and decide to evict a tenant without probable cause. Even when there is probable cause, you need to follow a set of legal rules before finally evicting a tenant.
The main reason that can make a landlord decide to terminate a lease and evict a tenant is when the tenant has defaulted paying his rent for a few months or is inconsistent with his payments. Sometimes a tenant can violate a lease agreement that gives the owner the right to terminate the lease.
As a landlord, you probably don’t have a lot of time to follow up with such matters and therefore you should hire a company that specializes in matters pertaining commercial real estate in Markham. The company can handle all your tenant issues and even handle issues that require a tenant eviction. They already have the experience of how to go about these matters the legal way, ensuring that the whole process goes smoothly. Read along to find out the process a landlord has to go through to successfully evict a tenant.
Give the tenant a written eviction notice
A landlord has to give the tenant a three to five-day notice to ask him to clear his rent arrears or face eviction. As a landlord, you have to make sure that you hand the letter to the tenant directly or the company’s management. If the tenant does not comply within the given days, then you need to file an unlawful detainer to allow you to carry out the evictions. The tenant at this point is given five days to contest the eviction. If he decides to contest, this can drag the court case for days or even months depending how the case will go.
Most landlords hope that it does not reach to this point since they stand to lose a lot in terms of revenues. If the tenant does not contest the eviction then the court issues an eviction order and the sheriff locks down the tenant’s premises. The tenant is usually given 15 to 18 days to claim his possession. If no one comes forward to claim the possession then a notice of belief of abandonment is issued which gives the landlord the right to auction off the property.
Types of termination notices
- Pay rent or quit notice: This is a notice that the landlord gives to the tenant in the event he is unable to pay his rent. The notice usually gives the tenant a few days to clear his rent before he can be evicted. The law requires the landlord to accept partial payments during this time as long as the whole amount is covered during the notice period. If the tenant manages to pay the whole amount within the notice period then the landlord has no choice but to allow the tenant to continue with his lease.
- Cure or quit notice: This notice is usually served to tenants who violate rules and guidelines set by the landlord. For example, if a tenant makes too much noise even after several warnings, he is served with this notice which gives him a specified time to change the behavior failure to which he faces a possible eviction.
- Unconditional quit notice: This notice is very serious since it does not give the tenant time to clear his rent arrears or change his behavior before facing eviction. Landlords give this type of notice when several attempts to give the tenant a chance to clear his arrears fail. They can also be served in a situation where the landlord has proof that his premises are being used to conduct illegal activities like selling drugs.
What to avoid when evicting a tenant
You should never throw a tenant out of his premises without following the right channels. The tenant can turn it around and sue you for damages instead. Ensure that you work with a lawyer to help you with the eviction case instead of turning to street thugs to do the dirty job for you. This can tarnish your reputation as a landlord and can lower the value of your commercial property. If you happen to win the eviction case, don’t assume that you automatically have the right to the tenant’s property. There are channels to follow that give you a right to sell off property to recover the rent arrears.
A commercial landlord should always seek ways to ensure that his tenants are well catered for to ensure that their businesses run smoothly and they have no reason to violate their lease agreement. Most commercial real estates are managed by professionals who have the experience to handle renting, leasing and selling of commercial properties. These companies ensure that commercial properties are well managed.