When it comes to commercial real estate, disputes between landlords and tenants can arise for a variety of reasons. In some cases, a landlord may need to regain possession of a property, but the tenant may oppose the eviction. Fortunately, there are steps that a landlord can take to successfully regain possession of their property.
One of the most important steps that a landlord can take is to ensure that they have a valid legal basis for evicting the tenant. This means that they must have a valid lease agreement in place and that the tenant has violated the terms of the lease in some way. The landlord must also ensure that they have followed all applicable laws and regulations when it comes to evicting a tenant.
Once the landlord has established a valid legal basis for eviction, they must then serve the tenant with a notice of eviction. This notice must be served in accordance with the laws of the jurisdiction in which the property is located. The notice should clearly state the reasons for the eviction and provide the tenant with an opportunity to respond.
If the tenant does not respond to the notice or does not comply with the eviction, the landlord can then file an eviction lawsuit in court. This lawsuit will be heard by a judge who will determine whether or not the landlord has a valid legal basis for evicting the tenant. If the judge finds in favor of the landlord, they will issue an order for possession of the property.
Once an order for possession has been issued, the landlord must then take steps to physically remove the tenant from the property. This can be done through a process known as “self-help” eviction, which involves changing the locks on the property and removing any personal belongings of the tenant. However, this process should only be used as a last resort and should only be done under the supervision of a qualified attorney.
By following these steps, a commercial landlord can successfully regain possession of their property despite tenant opposition. It is important to remember that this process can be complicated and time consuming, so it is best to seek legal advice before attempting to evict a tenant.