ENM Law News: Dismissal of eviction case for commercial tenant

Commercial tenants and landlords can have disagreements just like their residential counterparts. Disagreements can lead to eviction proceedings. Recently, a Berks County business owner came to Attorney McAllister because of a problem with a commercial lease. This client had signed a 2-year lease with the intention of running a hookah lounge in the building. After signing the lease, the client made many costly improvements to the property in an effort to upgrade the space and attract clientele. Only 3 months into the lease, the landlord tried to evict our client over complaints about loud music and too many people coming to the lounge. Our client stood to lose substantial amounts of money because of the improvements made to the property. The eviction case was scheduled for a hearing in front of a Berks County Magisterial District Judge. Attorney McAllister appeared on behalf of this client and argued that the lease had not been breached because the lease was silent on the complaints raised by the landlord. The MDJ agreed with Attorney McAllister and dismissed the eviction case which means that our client’s business can stay at its current location.

The eviction process for commercial leases is generally the same as those that most people are familiar with in residential leases. If a landlord for a commercial tenant believes that the lease has been breached either for failure to pay rent or failure to abide by the rules of the lease then he can take steps to evict the tenant. The eviction process begins with sending a Notice to Quit to the tenant which notifies the tenant of the alleged breach and sets a deadline for the tenant to vacate the premises. If the tenant does not fix the problem or leave the property then the landlord can file a complaint for eviction in magisterial district court.

If you’re a Berks County business owner having problems with your commercial lease, contact our knowledgeable real estate attorneys at 610-372-5128 or email us at info@enmlaw.com.

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