Real Estate Lawyer Allentown, PA
When you are in the business of owning commercial real estate in Pennsylvania, you may have to deal with numerous issues, including commercial tenants who are not paying their rent on time. In the current financial climate, this may become a more prevalent issue, and you may need to determine your legal options. A real estate lawyer in Allenstown, PA can explain what those options are.
On what grounds can I evict a commercial property tenant?
Evicting a commercial tenant may occur if a tenant is in violation of one or more provisions of a lease. This commonly includes failure to pay rent on time, but it may involve other issues, such as a tenant committing illegal activity on the property. If the landlord discovers this, he or she can start the eviction process.
What is the first step in evicting a commercial property tenant?
Despite something as egregious as illegal activities taking place on your property, an Allenstown, PA real estate lawyer knows you cannot just throw a tenant out. You still have to go through the proper legal process, which includes the requirement to provide a written notice which warns the tenant of possible eviction unless he or she fixes the problem within a reasonable amount of time.
In the event the tenant does not pay rent, stop the illegal activities, etc., then you have the right to petition the court for a formal eviction. This is most commonly known as an unlawful detainer or forcible entry and detainer action. Once the filing is done, you are required to serve this petition to the tenant to notify them of the legal action.
What happens at the hearing?
In most cases, the court will set a hearing date without waiting to see if the tenant answers. At the hearing, both sides have an opportunity to present arguments and evidence demonstrating whether the court should issue an order for eviction. If the judge grants your request for eviction, he or she may also order the defendant to pay any back-owed rent, legal fees, and other related expenses. In addition, the judge will issue what is known as a writ of possession, which allows the tenant to have a certain number of days to voluntarily move out.
What if the tenant still refuses to leave?
In the event the tenant refuses to leave, you may need to involve law enforcement in order to force the tenant to vacate the property. In addition, you may have to hire a moving company to enter the property and remove any remaining property of the tenant. What you are required to do with this property will vary based on the jurisdiction where the case is being heard.
Contact Our Office for Assistance
Evicting a tenant is often a last resort. If you are involved in a dispute with your commercial tenant, you can benefit from the knowledge and experience of a skilled Allenstown, PA real estate lawyer. Should litigation become the only option, we can help protect your property and your rights, either through standard litigation or through the use of alternative dispute resolution techniques like mediation or arbitration. Contact Hoegen & Associates, P.C. to schedule an initial consultation.
