There are three general types of commercial evictions:
- 1. Commercial tenant is not paying rent.
- 2. Commercial tenant never had a lease or has failed to move out after the lease expired.
- 3. Commercial tenant is violating a term of the lease. For example, the tenant is playing loud music and thus disrupting the quiet enjoyment.
We will review and analyze your commercial lease and prepare a proper eviction notice specific to your legal issue. Furthermore, we utilize licensed private investigators to serve the tenant with the eviction notice on your behalf.
Commercial Tenant Not Paying Rent
Most commercial evictions arise because the tenant refuses or has failed to pay rent. In this instance, we can file an eviction lawsuit in court to obtain a back rent judgment for the amount of rent owed and/or to obtain possession of the property.
Due to the variety of terms in leases, evicting a commercial tenant can be complex. For example, pursuant to 735 ILCS 5/9-209 of the Illinois Landlord Tenant Act, a landlord uses a 5-day eviction notice for non-payment of rent. However, in some instances, state law allows the terms of the lease to control the landlord tenant relationship. For instance, we have seen many commercial leases that require a landlord to use a 15-day eviction notice. We analyze your lease and the law to ensure that the proper notice is drafted.
Commercial Tenant Never Moved Out or Lease Expired
Some commercial evictions arise because the tenant is a month-to-month tenant. A tenant is considered a month-to-month tenant for one of three reasons:
- A tenant refuses or has failed to vacate the property after the lease has expired
- A tenant never entered into a lease agreement
- A tenant entered into a month-to-month lease agreement
Due to the variety of terms in leases, evicting a commercial tenant can be complex. For example, pursuant to 765 ILCS 705/16(d) of the Illinois Landlord Tenant Act, a landlord uses a 30-day eviction notice for a month-to-month. However, in some instances, state law allows the terms of the lease to control the landlord tenant relationship. For instance, we have seen many commercial leases that require a landlord to use a 60-day eviction notice. We analyze your lease and the law to ensure that the proper notice is drafted.
Furthermore, pursuant to 735 ILCS 5/9-202 Illinois Willful Holdover Statute, “A tenant who willfully stays after expiration of the lease term must pay double the value of the unit. The landlord must demand in writing possession of the premises before claiming double rent.” In some instances, commercial leases even provide for three times the regular rent for the months during which a tenant stays past the lease expiration date. We work with you to ensure that a tenant is held responsible for the holdover rental rate.
Commercial Tenant is Violating Terms of Lease
Some commercial evictions arise because the tenant is violating a term of the lease. For example, the tenant is playing loud music, thus disturbing the quiet enjoyment. Due to the variety of terms in leases, evicting a commercial tenant who violates lease terms can be complex. For example, pursuant to 735 ILCS 5/9-210 of the Illinois Landlord Tenant Act, a landlord uses a 10-day eviction notice for evicting a tenant who has defaulted on any of the terms of the lease. However, in some instances, state law allows the terms of the lease to control the landlord tenant relationship. For instance, we have seen many commercial leases that require a landlord to use a 30-day eviction notice for a tenant who breaches lease terms. We analyze your lease and the law to ensure that the proper notice is drafted.