Mar
13
grounds for forfeiture of commercial lease?
By
I need to take action against a commercial tenant who is only paying half rent because of some convoluted made up reason. he has always been trouble and I have just had enough
Real Estate Professionals
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3 Comments
May 14th, 2009 at 9:56 am
Get a lawyer.
May 15th, 2009 at 9:22 pm
Is he in breach of the signed agreement and does the agreement have a clause to remove him, at his cost? If you don’t know the answers see a solicitor who has experience in commercial litigation or try reasonable negotiation. Maybe he is having a hard time with cashflow and needs some easing of terms. Have you another better paying tennant on line who can fill the possible void? and can u cover cost of removal if he cant pay? Its a complicated and costly affair and you need to look for the best solution.
May 18th, 2009 at 3:17 am
Well the bad news is that it sounds like you have let the tenant get away with this garbage before. In some jurisdictions, you will be seen as having set a precedent of accepting this “half rent” as payment.
However, to get things moving, you need to immediately start taking all of the steps outlined in your lease to collect the delinquent rent and related penalties. Typically, you will need to send a 3-day Notice to Pay or Quit as the first step towards an eviction.