There are several reasons for a business
eviction. Your lease contract will stipulate
circumstances whereby you must leave
the premises. Among those, of course,
will be the failure to pay the rent.
There are ways, however, of renegotiating
with landlord to prevent an eviction
which would not only be costly but would
also confuse your clientele.
You should be aware that common practices
of business eviction in the past such
as intimidating tenants are both illegal
and dangerous. Your landlord cannot padlock
your property, put your belongings out
in the street, shut off the utilities,
or other harassments that once were common
practice.
You should know that evictions are legal
matters and the landlord must do them
according to the law. Before you even
get eviction notices, you should first
try to negotiate a lower rate from your
landlord. Failing that, you will likely
start receiving eviction notices. Usually
these will be legal documents giving
you a deadline for making your rent payment.
Should you fail to do that, the landlord
will file the eviction petition in court.
These eviction orders are reported to
be the fastest moving cases in courts.
The sheriff’s office or a marshal’s
office will handle the eviction.
What You Can Do about Business Eviction
Is there anything you as a tenant can
do about business eviction? Probably.
You need good legal advice and the knowledge
of how to proceed. Like all business
problems, it will not be a pleasant experience,
but it is something you must deal with.
What are the ramifications of an eviction
from your business property? First, it
gives your business the stigma of instability.
This will lose customers or clients because
no one wants to begin a business transaction
with a company that may no be in business
the next day. Second, it makes it necessary
to find new property quickly. Just what
you need for your business may not be
available on such short notice. Third,
a new landlord will look into your history
and may refuse to take you on as a tenant
fearing that you may default on your
rent.
The law is not stacked against the tenant.
There are fair recourses available in
the face of possible business eviction.
Like all areas of business, you must
spend time gathering your resources and
prepared to take the proper action. This
is not a time to put your head in the
sand and hope the problem will just “go
away.” In avoiding a business eviction,
there is also the need for some restructure
so this situation never presents itself
again.
What
to consider when deciding on
business restructuring and chapter
11.
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