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Commercial Evictions

Landlord’s Rights and Duties

Most commercial eviction proceedings are the result of the tenant’s failure to pay rent. Before filing suit, the landlord must give the tenant a three-day, hand-delivered, written notice that requires the tenant to pay the rent or leave the premises. If the tenant does not comply with the notice, the landlord can start eviction proceedings.

A landlord can evict a tenant for not complying with non-monetary obligations outlined in the lease agreement. Such obligations usually relate to the use of the property, maintenance of the property and modifications to the property. Most commercial leases provide the manner in which notice must be given to the tenant for breaching a non-monetary obligation. However, if there is no notice provision, then the landlord must provide written notice requiring the tenant to remedy the breach or leave the premises. If the tenant does not comply with the notice, the landlord may commence eviction proceedings.

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