Your commercial tenant has failed in their obligation to make rent payments. You’ve noticed that things are not good for the tenant, but now it’s obvious. As a property owner, your responsibility is to address the situation as soon as you can. If the tenant fails to pay the rent by the due date, they had in fact breached the lease, and you have the right to remove the tenant from the property.
An eviction case, also known as an illegal Detainer procedure is a relatively simple legal procedure. The most important thing for property owners to be aware of is that all steps during this process are vital and must be carried out in accordance with the law. An attorney for real estate representing both sides in the case is typical. When your property’s manager is in compliance with the law, issued a the proper notice, and is keeping an organized file communications between tenants and their business the illegal detainer case will go without a hitch and the owner or landlord will be successful.
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If possible, the property manager must take every step to encourage the tenant to make rent payments and keep their lease up to date. If this requires the tenant waiting a few more days for payment , maybe it is the right alternative to taking legal action. Your company’s policies or best practices determine this decision, however, it is best both parties settle before pursuing litigation.
If the tenant is unable to pay due, a ‘three-day notice to quit or pay should be properly prepared and served to the tenant. The notice must follow an official format. A landlord, commercial property owner or property manager can select among a variety of three-day notices. The first) specify the exact amount of rent to be paid or) determines how much rent is due generally when a tenant pays an amount of rent in a percentage.
If the lease demands an individual tenant to cover rent, and additional fees for three nets or other CAM fees the property manager needs to seek advice from a professional on whether two distinct and separate notices need to be given. If, for instance, the landlord or property manager is able to accept an overpayment of rent due to miscalculation and the tenant overpaid the estimated rents and CAM fees, it could result in the tenant winning the detainer lawsuit that is unlawful. This could also give tenants the option of claiming of attorneys costs. It is crucial to do this in a correct procedure.
The tenant is considered served when they have been personally served by the notice for three days or a responsible person who is working at the business is personally served at the premises. If no person is present, the property manager or landlord can put the notice on the front to the premises, and then send an original copy of the notice of three days via the certified mail with a return receipt.
The property manager or landlord should then draft the “proof of service” in the appropriate format, which specifies in the appropriate section that the notice of three days was given to tenants, and outline the procedure for service.
After having properly served the three-day notice , a three-day waiting period commences on the following business day. In the event that the 3rd day is a weekend or holiday, the waiting period extends to the following business day.
If the tenant chooses to pay the full amount of rent due at this time or resolves any outstanding violations of lease conditions, then the eviction process is over. If the tenant pays a partial payment , the property manager or the landlord may accept partial payment , but they must inform the tenant they will not waive the right to proceed with an expulsion.
If the tenant is in violation of the lease through a criminal act or behavior, then the process of eviction continues.
After the waiting period of three days the property owner or landlord could file the complaint and served as well as summons.
If the tenant is unable to pay their rent arrears, or fails to remedy any other violations they were notified of, then the property manager or property manager is able to begin serving and filing an order and complaint on the tenant.
A third party who is not directly involved in the matter, for example, a registered process service can be hired at a cost to deliver the papers to the tenant. Notice, summons, and evidence of service should be filed in the office of the court clerk along with a copy of the lease. Then, property is served with a three-day notice, as well as its evidence of service.
If the property manager has decided to take this procedure by themselves, it is possible that they an error of a technical nature when process of preparing, processing and serving the documents. There are a variety of technical aspects of law that must be adhered to or cause significant delays if not.
A tenant who engages an attorney is likely to discover these errors in the law, even in the event that the court fails to find the error. The result is likely to be delays that cost more money for the owner of the property. The best option in such situations is to employ an attorney who can help keep the process from becoming a nightmare and to avoid additional expenses for the property owner.
A tenant who has been properly served has five days to challenge the expulsion. If the tenant was served with a substitute service then the tenant has the option of 15 days for filing a response plea to the eviction. If the tenant does not contest the eviction, the property manager or landlord will seek a default judgement of possession of the property. It is likely that this will be granted and the matter will be sent to Sheriff’s office for tenant lockout (see below for more details).).
If the tenant engages an attorney and challenges the eviction, things could take longer. The tenant will be given the opportunity to plan their defense and prepare for the trial. There will be a thirty days in which a trial is determined. If the landlord prevails, the tenant has to pay rent and other losses, most likely including attorney’s costs. If the tenant wins , the landlord could be required to pay attorney’s costs. In this scenario, the property manager needs counsel. an attorney.
In the event of a landlord’s victory, the sheriff of the county will put the ‘Five-Day Notice to Leave the premises at the door of the tenant or upon the entry point into the premises. On the sixth day , the sheriff will meet with the property manager or the landlord on the premises. The property manager or landlord is then issued a receipt confirming ownership of the house. If the tenant remains present at the time of arrival then the sheriff will physically take away the tenant. The property manager or the landlord will then call a locksmith to alter the locks to ensure that the tenant is not able to enter.
If the tenant has left behind personal property, there are statutes that address the specific problem. The property manager or landlord must allow the tenant 15 days after the lockout to take possession of any property from their property or,, if the tenant left prior to the lockout period, 18 (18) days following the date of mailing an “notice of trust of abstention” to the last address that the tenant has known to.
The notice should describe the property in detail so that the tenant knows where it is and include the storage fees. The best procedure for a landlord or property manager is to document and photograph every tenant’s possessions to ensure there is no dispute later.
It is not legally permitted for a landlord or manager to use the personal property of a tenant for security to pay for the amount of money granted by a court order.
Once the 15 day waiting period has expired, the property manager or the landlord is able to take possession of the personal property of the tenant when it’s valued at less than $750 or $1.00 per square foot, or the greater amount. If the property is worth greater than $750, the property manager or landlord must sell it at an open sale that is held following an appropriately published notice, with the proceeds going towards the local government, less the cost of expenses.
While this article has only discussed this procedure, it is important to understand that it isn’t an easy process however, it is one that should be handled with care and handled professionally. It is always a good option to have an eviction lawyer assist a landlord or an property manager during the procedure.