commercial problem

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We are a small business that has sublet one room, commercial property, without a lease. It was agreed that it would be on a month to month basis. The new tenent has avoided every effort we have made to sign a lease and has now bounced the security deposit check. He paid rent for the month of May which has now expired. He has made no effort to make good on the bounced check and has now moved into the commercial property and is using it as residential which zoning strickly prohibits. He will not leave the property. We have served notice. Is the sheriff our only answer? What are our rights? We would appreciate any help. Like I have said we are a new small company who can not afford an extensive legal battle. Thank you so very much for your help.

 

[Tracey]

Sue him for unlawful detainer. You can probably get an eviction kit from a stationary/office supply store. Your grounds for evictions are: unpaid rent, unpaid security deposit, breach of lease terms (living in commercial space), illegal activities in the leased space (same), etc. Cite each reason in your complaint. Depending on your state, evicting him will take 3-8 weeks. It will cost about $100 if you can get a friend to serve him instead of paying the sheriff.

Check the landlord tenant act & the residential landlord tenant act. See if he qualifies for the protections of the RLTA. If not, you may be able to exercise some self-help eviction remedies like changing the locks and holding his stuff hostage until he pays the back rent. This is definitely not allowed with residential tenants.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.