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I am an owner of a commercial building occupied by a Nail…

I am an owner...

I am an owner of a commercial building occupied by a Nail Salon Commercial tenant who has violated their Lease in 4 ways. I would like to VOID the Lease and or evict them and negotiate a new lease. The eviction form I got related to families and apt tenants. What form do I use and how do I get it.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I filed a small claims case to recuperate $5555.93 in excess oil bills tenant caused by opening closed thermostat and resetting temp settings to 71 degrees running continuosly 24 hrs a day when lease specifies 70 during working hrs, 55 nonworking hrs or 16 degrees higher than lease for an extra 16 hrs a day for several months while I was livong in Florida. Upon return 2/7/18 I and a witness documented and sighned the violations..

Lawyer's Assistant: Have you talked to a FL lawyer about this?

The Salon and building is in Wolfeboro NH. I live in both states

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am here in Wolfeboro NH untill October

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Answered in 1 hour by:
4/11/2018
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,809
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

They generally do not have forms specially for commercial evictions in FL, they only make forms available for residential evictions. However, you need to start by giving them a 15 day written notice listing all the violations and informing them that they have to vacate the premises in 15 days because you are terminating the lease due to multiple breaches of the lease.

If they do not leave, then in FL you need a local attorney to file the petition for the eviction, since they have no forms made available and the complaint for eviction of a commercial tenant must be drafted from scratch.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
The above looks OK, but twice I indicate the case is in "New Hampshire", NOT FLORIDA!!Please respond to NH requirements, NOT FL. THX

Thank you for your reply.

Sorry, I read you were in Florida, not NH, give me a few minutes please.

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Thank you for your patience.

Under NH Law, for a commercial tenant, you need to give 7 day written notice that they are in breach of the lease and they must leave or face eviction. Under NH law, unlike FL, there is no provision preventing lock outs of commercial tenants (not like residential tenants) so if they do not leave you would first be able to lock them out, then you would need to file a petition for eviction (NH only has residential tenant forms available, just like FL) and for that you would need to use a local attorney to write the petition for commercial eviction and to remove them and their property from the premises.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,809
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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