Commercial Eviction for the Houston, Montgomery County & Harris County
Eviction for Nonpayment of Rent:
A non-payment of rent is the most common reason for a commercial tenant eviction. If a commercial tenant is not willing to pay the rent or fails to pay the rent, in that case, a landlord has two options under the commercial tenancy law: In first option a landlord is permitted to re-enter the building, which regularly incorporates changing the door locks and stopping the tenant from using the space anymore. For this procedure, a landlord is generally required to hold up a particular number of days after the lease has expired. In the second option, a commercial landlord may also be able to re-enter the premises, without any notice, to take hold of and sell the tenant’s property. But before proceeding to sell a tenant’s property, a landlord must give the tenant’s a 3-5 days’ notice. Ask the attorney for your situation. Unless the lease requires the landlord to give the tenant notice, the landlord may be able to terminate the lease immediately and evict the tenant if the tenant does not pay the rent on time.
Identify the type of Notice:
If the tenants are withholding rent but remain in the building you will need to begin with the formal commercial eviction to get your property back. Before proceeding with the eviction process make sure that you follow the legal procedures correctly. Typically the landlord is required to give at least a “3 day notice” to serve on the commercial tenant in an attempt to secure delinquent rent. In a 3-day eviction notice, the notice should include a date to pay the rent, the amount due including the entire fee for space, and make sure to inform the tenant that they have 3 days to pay in full or face legal eviction. It is also very important to address all the tenants and subtenants in the notice with their correct spelled names along with the correct address. Most importantly, this is to be made sure that the eviction notice is delivered to the tenant with acknowledgment. Once the eviction notice is served the tenant has a time period of 3 days to evict the building and to clear all the payment.
You should also determine the following.
- Define the reason for the eviction
- The amount of any unpaid rent
- Any damages to your property
- To mention the time period
If you don’t include the required information and follow the notice requirements, your eviction may not be legal, (so it is advisable to retain an eviction attorney). You will not be able to obtain a judgment against your tenant, and you will have to start the process over again.
Settlement with your Commercial Tenant
If you can work out on a settlement with your commercial tenant, the legal eviction will likely be dismissed which might be better for both parties. However, it will depend on the following factors:
- Your relationship with your commercial tenant
- Whether they pay their rent on time
- The Nature of the violation, creating the eviction
If both parties cannot work out on a settlement, then legal eviction is the only way. Most of the landlords favor hiring an attorney for the eviction while some prefer to do it on their own evictions on their own. Landlords who go through the eviction with the help of an attorney don’t have to bother about being well aware of laws of eviction and also the chances of getting your property back from the tenant are very high. On the other hand, landlords who don it their own have to exercise a lot to evict the tenant as they may bypass many legal procedures which in the result may lead to wastage of time, efforts, and money. Evictions can be complicated, so it is recommended that you hire an attorney to help you.
You Should Probably Hire an Lawyer
In order to evict a commercial tenant for not paying their rent or breaching the lease rules, you need to be well aware with the eviction laws or hire a lawyer to assist you to file an eviction order. Many states and cities have specific regulations and guidelines that need to be strictly followed in order to evict a commercial tenant. On the other hand, at the time of making an agreement between landlord and tenant, it is very important to hire a very well experienced attorney to make a strong and clear lease agreement. So, that when it comes to eviction process, the unnecessary expenses and unpleasantness of eviction may be kept at minimal. In consideration of the eviction process, whether for the residential and commercial tenant, we are ready to help you protect your property and investment. The experienced attorney, doing for you the complete eviction process, along with the notice and representing you in court.