Eviction or Lease Termination

By signing a lease, landlord and tenant each agree to a number of responsibilities and obligations. Failure to meet them will entitle the landlord to enforce certain penalties. This section discusses common causes for eviction and lease termination for commercial and industrial leases. (The information contained here is not a substitute for legal advice.)

Because commercial and industrial leases can be very complicated, there are often many points of contention that can lead to the eviction of the tenant or termination of the lease. Contact your attorney immediately if you are served with an eviction notice.

In the eyes of the law, landlords and tenants in commercial lease arrangements are viewed as business equals. As such, commercial and industrial tenants have fewer protections under the law than residential tenants.

Regardless of the grounds for eviction or termination of the lease, the first step in a legal eviction is for the landlord to serve the tenant with written notice stating that s/he is commencing eviction proceedings. Service can be accomplished in the following ways:

• Personally serving notice to the tenant.
• Serving notice to anyone in the unit who is at least 13 years old.
• Serving notice by registered or certified mail, together with a signed receipt by the tenant.
• If the tenant has abandoned the property, the landlord can post notice at the property.

You can be evicted for three primary reasons:

1. Failure to Pay Rent
2. Breach of Lease
3. Foreclosure, Sale, Damage or Condemnation of Property