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Ellen, Attorney
Category: Business Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I have a trucking company that owes $4100 in back taxes from

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I have a trucking company that owes $4100 in back taxes from 2009 plus $3100 rent and I need to give them a notice of eviction. We are in Wisconsin. Where might I find a "notice of eviction" form I can serve them with today?
Submitted: 6 years ago.
Category: Business Law
Expert:  Ellen replied 6 years ago.

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

Do you have a commercial lease that allows self-help repossession of the premises? If so, does it state criteria that must be met?
Customer: replied 6 years ago.
Yes, we have a commercial lease between the trucking corporation and ourselves, an LLC. It's a 'net-net' lease that makes the lessee responsible for everything, including property taxes. They have been a tenant for 3 years.
Expert:  Ellen replied 6 years ago.

Most commercial leases have a notice provision regarding evictions that must be followed exactly in order to evict the tenant without court action. Typically the provision will state that, if the tenant defaults in the payment of rent or commits any other violation of the lease constituting a default, the lease shall terminate automatically and the landlord may recover possession.

If you follow those directions exactly, you can retake the premises by locking the tenant out without court action provided you do not breach the peace.

If you would like additional details concerning my answer, please click REPLY and I will be happy to respond. Do not click relist as it will delay my response. Otherwise please click ACCEPT so that I receive credit for my work
Customer: replied 6 years ago.

Can you provide a sample commercial eviction letter from which I can tailor to our particular lease?

Expert:  Ellen replied 6 years ago.
Here is a form that you may use:

Click on the free preview

Edited by WebLaw on 10/6/2010 at 12:48 PM EST
Customer: replied 6 years ago.
That format looks good, thank you. One last question: I know commercial transactions are different from consumer and things are pretty broad as it pertains to commercial transactions. What is the name of the federal statutes that deal with commercial transactions?
Expert:  Ellen replied 6 years ago.
Sorry for the delay. I went off-line as I thought we were done.

Commercial transactions are governed by the UCC -- Uniform Commercial Code. That said, eviction of a commercial tenant is not governed by federal law but is governed by state law. The information that I gave you pertained to the state of Wisconsin

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