Your commercial tenant has failed to pay rent. You've been told that things aren't getting much better for them, but now it is apparent. As a property owner, your obligation and responsibility is to address the situation as quickly as possible. If the tenant fails to pay the rent by the due date they have in fact violated the lease and you are entitled to expel the tenant from the taj residencia islamabad property. An eviction lawsuit commonly called an Unlawful Detainer action is a fairly straightforward legal process. Property managers must be aware of the procedures are vital and must be abided by according to the law. A real estate lawyer representing both parties is typical. If your property manager is in compliance with the law, provided adequate notice and has an extensive file of correspondence between the tenant and their business the illegal detainer case should go fairly smoothly and the owner or the landlord should win.

The First Step Is To Solve the issue of rent payment if it is

The property manager must try to get the tenant in a position to pay rent on time and keep their lease current , if they are able to. This could mean that the tenant has to wait a few days before they can pay. If not, then it is possible to file a lawsuit. The policies of your company and practices determine the procedure, however it is best for all parties to settle prior to filing a lawsuit.

Three-day Notice

If no payment is forthcoming then a 'three-day notice to quit or pay is required to be sent out and properly served on the tenant. The notice should follow a legal format. A landlord, commercial visit our property owner or property manager can choose between different types of 3-day notices. The first) provides the exact amount of rent owed and 2) calculates the rent to be paid typically when a tenant has to pay a percentage rent.

If the lease demands the tenant to pay rent and other separate amounts for triple net or CAM charges, the property manager should get the proper advice on whether or not two distinct and separate notices are required to be given. If, for instance, the property manager or landlord will accept an overpayment of rent due to miscalculation and the tenant overpaid estimated rents and CAM charges this may lead to an outcome for the tenant in the illegal detainer case. The tenant may also be eligible for attorney's costs. This is an important step.

The notice of three days must be legally and properly served

The tenant is considered served when they have been personally served with the notice of three days or a responsible person at the place of business is personally served at the premises. If no one is present to serve the notice, the landlord or property manger can attach the notice at the entrance of the premises for business and then send a copy via an official return receipt request for certified mail. The landlord or property manager will then need to prepare a 'proof of service' in the appropriate format which states in pertinent part that the 'three-day notice' was delivered to the tenant, or explain the process of serving the notice.

A three-day waiting period is required to allow service to become effective by the Property Manager or Landlord.

After the proper service of the three-day notice a three day waiting period starts on the following business day. If the third day falls on a weekend or holiday, the three-day waiting period will be extended until the next business day.

The eviction process will be suspended if the tenant has paid all rent due by the deadline or corrects any infractions to the lease terms. The landlord or property manager may accept partial payments from tenants, but they must inform the tenant that they will not waive their rights to continue the event of an eviction.

If the tenant has violated the lease by the result of a crime or behaviour, the process of eviction continues.

After the three day waiting period the landlord or property manager may go forward with filing and serving a complaint as well as summons.

Summons and Complaints are prepared, and served

If the tenant is unable to pay their rent or has not cured any other violations they have been notified of by the property manager can serve the summons and complaint to the tenant. An unrelated third party who is not associated with the action, typically a registered process server , can be hired for a fee to serve the documents to the tenant. Once the summons, complaint, and evidence of service are filed with the court clerk's offices and the lease copy is required to be filed. The property will be served with a three-day notice along and a evidence of service.

Technical errors can cause delays.

There is a chance that the property manager or landlord might have made a mistake while processing, preparing or serving the documents. If they didn't, there are many technical aspects of the law that must be adhered to. This could lead to delays or result in significant financial penalties. These technical mistakes are discovered by the tenant who has hired an attorney even if they're not discovered by the court. This can lead to delays that cost the owner of the property. The most effective course of action in these situations is to employ an attorney for eviction to avoid delays and extra costs for the property owner.

Court Proceedings require that all parties appear before an adjudicator

If the tenant doesn't contest the eviction, the tenant will be evicted.

Tenant who was legally served with notice of eviction has the right to five days of time to contest the eviction. Tenant who was served properly will have five days to contest the expulsion. The tenant has 15 days to file a appeal to the eviction. The landlord or property manager could seek a default judgement in possession of the premises in the event that the tenant does not oppose the eviction. The likelihood is that it is granted. The case will be referred the Sheriff's office to enforce tenant lockout (see below).

If the tenant contests the eviction

If the tenant engages an attorney to contest the eviction, then it will take longer. The tenant will be granted more time to prepare and there will be approximately thirty days in the trial period to be set. The landlord will win and the tenant will be accountable for rent, as well as any other losses that could be incurred, including attorney's charges. If the tenant prevails, the landlord could be required to pay attorneys' fees. The property manager needs to be represented in this instance.

The right to lock out the tenant's access is reserved to the Property Manager/Landlord.

In the event that an owner winning in court, the county sheriff will issue an "Five-Day Notice to Removal" notice to the tenant. The sheriff will then meet with the landlord or property manager at their residence at the end of the sixth day. The property manager or landlord then receives a certificate of possession of the property. If the tenant remains there at the time of arrival of the sheriff then the sheriff will physically take away the tenant. To keep the tenant out, the landlord or property manager will call a locksmith come in and replace the locks.

Notice to Claim Property

State statutes govern the subject of personal property that is left by the tenant. The landlord or property manager must allow the tenant 15 days following the expiration of the lockout to retrieve any belongings of the property or, if the tenant left before the lockout, eighteen (18) days following the mailing of the "notice of belief of abandonment" to the tenant's last known address. The notice must identify the property in detail so that the tenant knows where it is and include the storage fees. The best procedure for a landlord or property manager would be to photograph and log the tenant's belongings so that there was not a later dispute.

It is not legal for a landlord or property manager to hold the personal property of a tenant as security to pay for the money granted by a court judgement.

Unclaimed Property Disposed of or Sold

If the 15-day waiting period has been completed the property manager can dispose of tenant's personal property. This is the case in the event that the property is worth less than $750, or $1.00/square foot. The landlord or property manager could sell the property if it's more than a value.

Conclusion

This article just briefly explained the procedure. But, it's not an easy task and must be handled with care. The best practice is having an attorney help an owner of a property or a landlord during this process.