Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
12/17/2017
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,455
Experience: Over 30 years of experience
Verified

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.

Ask Your Own Real Estate Law Question

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.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

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

Ask Your Own Real Estate Law Question

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.)

Ask Your Own Real Estate Law Question
Customer reply replied 8 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 8 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
Category: Real Estate Law
Satisfied Customers: 5,455
Experience: Over 30 years of experience
Verified
Gerald-Esquire and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Gerald-Esquire Your Own Question
Gerald-Esquire
Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,455
5,455 Satisfied Customers
Experience: Over 30 years of experience

Gerald-Esquire is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
In Arkansas I have a guy in my house watching my dogs and
In Arkansas I have a guy in my house watching my dogs and has been working in my yard and has a dish bill he is not paying rent. He told me he was leaving and he went out of state and planning to retu… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I am actually a student doing a case study on Landlord and
Hello, I am actually a student doing a case study on Landlord and Tenant commercial law. In the case study, the tenant signed a 5-year lease contract, has paid the deposit and had purchased new equipm… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I just purchased a rental house in Texarkana, Arkansas.
I just purchased a rental house in Texarkana, Arkansas. There is no existing lease and the residents haven't paid since January. How do I proceed? A 3-day pay or quit?… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
can a commercial lease be extinguished by a judgment lien foreclosure
can a commercial lease be extinguished by a judgment lien foreclosure on a leased building? No mortgage on building. Lease was signed before the judgment lien foreclosure. Lease is long term but was n… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have some commercial property that I would like to sell.
I have some commercial property that I would like to sell. Currently there is a tenant on the property who has shown an interest in buying. The tenant has the first rights of refusal in the lease agre… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Interesting Hypothetical Scenario: If I were to enter into
Interesting Hypothetical Scenario: If I were to enter into a commercial lease for a property that is currently occupied by a tenant that does not have a lease. How do I take possession of the property… read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
I need to evict a commercial tenant who is behind in rent 7
I need to evict a commercial tenant who is behind in rent 7 months and has given me a check from a closed account how can I get him out quickly?… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I am a landlord in Arkansas. I found out last night that my
I am a landlord in Arkansas. I found out last night that my tenants have let a family member, of theirs, move on to the property. The new tenant is living in her own camper but is hook up somehow to t… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Am I allowed to evict the current tenants of a duplex if I
Am I allowed to evict the current tenants of a duplex if I buy it in the state of Arkansas?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
A commerical building is in foreclosure and for sale by the
A commerical building is in foreclosure and for sale by the bank. The bank/owner has an existing lease with a tenant. If the bank manages to sell the building, does the new owner have to honour the ex… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
i was approached by a potential client who purchased a commercial
i was approached by a potential client who purchased a commercial property in 2007 with pre-existing tenants..the client has not received any rental payments at all..the client wants the tenants out..… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,965 satisfied customers
I am a commercial tenant in California, and the building I
I am a commercial tenant in California, and the building I rent for my business has been served with a notice of trustee sale. The auction date has been set for February 16th at 10am. I don't know who… read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
We own a business in Wyoming, which we lease the shop space
We own a business in Wyoming, which we lease the shop space for. The corporation that we lease from is going into foreclosure. We have made all our lease payments on time. Our concern is that we just … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
if you buy a piece of commercial property that has a recorded
if you buy a piece of commercial property that has a recorded lease with someone else do you have to honor that lease… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am buying a commercial property in Massachussetts for our
I am buying a commercial property in Massachussetts for our business which is rented through 12/31/09, we want them out, what are our and their rights?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
If my landlord evicts me can still hold me liable for the ...
If my landlord evicts me can still hold me liable for the remainder of my rental contract? I am leasing a commercial space for my business. I am really struggling because of the downturn in business. … read more
ADillon
ADillon
286 satisfied customers
I purchased a commercial property, and the existing tenant ...
I purchased a commercial property, and the existing tenant produced an old least which doesn''t expire until 2014. Do I have any legal means to dishonor that old lease from the prior owner?… read more
Flagbridge-RE
Flagbridge-RE
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers
I have a commercial apartment building which is leased to ...
I have a commercial apartment building which is leased to another party who acts as a landlord to the tenants. This lessee and I are in disagreement over the terms of our lease and he is late with his… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x