Are you a property owner of commercial real estate in Louisiana? Are you having issues with your commercial tenant? If you’re considering commercial eviction, you need to be well-prepared and careful about the next steps. Though this not an exhaustive list, here at Smiley Law we recommend you keep the following points in mind:
Think About It
At the end of the day, commercial eviction is generally a business decision. Unlike residential real estate, there may be less personal empathy involved in the process and it may seem easier or more clear-cut to evict a delinquent commercial tenant than a residential one. Despite the relative emotional ease of a commercial eviction, consider the potential business ramifications, such as the length of time necessary to release the property and your reputation as a commercial landlord.
Review the Lease
Always make sure to review the lease before attempting to evict a commercial tenant. The lease can hold the key for a successful eviction. For example, the lease may specify exactly what sort of business use is permitted and a violation of that clause may be grounds for eviction. There may also be other defaults in the lease that the owner did not realize.
Notify the Tenant
Before you begin the eviction process, notify the tenant of the problem and your intentions in writing. Besides being a courteous gesture, this may be a legally required step as many states require a “cure” period to fix the problem after the tenant receives the notice. Keep in mind that if you committed to a longer cure period in your lease, that timeline will likely apply.
Collect the Evidence
In preparation for your day in court, make sure to gather all the paperwork you may need to help push the eviction forward. Have the lease, rent payments, correspondence and any other important documents ready at your disposal.
Know the Law
Commercial tenants lack many of the legal protections provided to residential tenants but there are still plenty of laws you need to be wary of before evicting. We recommend consulting with a legal expert to figure out which laws may apply in your jurisdiction and how to best file an eviction order. Commercial property owners are considered sophisticated, therefore should know the law and their lease.
If you’re thinking about filing a commercial eviction order but you’re not sure where to start, consult with legal professionals in your area to help you figure out the right course of action. Here at Smiley Law, we’ve worked with Louisiana commercial evictions before and we’re always ready to take your questions. Contact us today!