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Regarding eviction, are commercial tenants handled

Regarding eviction, are commercial...

Regarding eviction, are commercial tenants handled differently

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Arkansas

Lawyer's Assistant: Has any paperwork been filed?

No. Purchased property. Existing lease has terminated, Want current tenants out.

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Answered in 1 minute by:
12/17/2017
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,176
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Commercial Tenants do not have the same protections as do residential tenants. Nevertheless they are entitled to Notice before you file the eviction process. Also they can not be forcibly removed by you . You must obtain an eviction order from court.

You are still obligated to provide Notice but the procedure is less cumbersome.

see:

https://law.justia.com/codes/arkansas/2010/title-18/subtitle-2/chapter-17/subchapter-9/18-17-912/

Also this guide provides detailed information on the process:

https://arkansasrealtors.com/wp-content/uploads/2015/08/2014-Landlord-Tenant-Handbook-FINAL.pdf

After providing Notice you can initiate the Unlawful Detainer action to have them removed. Termination of the lease term is a valid reason for the eviction - even if they are paying rent.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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You can use this link to prepare a Notice to Quit form:

https://rentallease.com/arkansas/arkansas-10-day-notice-to-quit-late-rent/

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 5 months ago
Regarding these commercial tenants. I purchase a four plex commercial strip mall. One of the spaces is occupied, The previous owner went bankrupt and the bank took over the property. The tenants have not been paying rent for a number of months. The bank is not pursuing this back rent and neither am I. The previous lease is no longer valid. I just want to start fresh with a new lease or I want these tenants out. They are difficult to deal with. I could work something out with them, but based their seemingly difficult time coming up with money, I wonder if I would be better off getting them out. My real question is: would it be legally easier and more efficient to get them out (evict?) at this time (since I have NO agreement in place) rather then enter into a lease, and then, if I have more trouble with them paying, evicting them down line??
Customer reply replied 5 months ago
since I have No agreement with these tenants, can't I just tell them to leave, and lock them out if they don't, Would I really have to go thru a legal process eviction??

It would be easier to evict them now. Since there is no lease agreement then they have no claim to stay, even if they pay the rent. Why enter into business with people who have already proven themselves difficult.

BUT yes, you have to evict them. Arkansas does not allow for self help even with commercial tenants.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Gerald-Esquire
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