By Robert Nislick
Commercial landlords must be vigilant to make sure that their tenants pay on time and in full. If a commercial tenant misses a payment or pays late, that is often a sign of bad things to come. The tenant’s business may be failing. He has no money coming in, and now he is not paying his rent and other amounts he may owe you.
As a landlord, you need to act fast. You need to recognize that your tenant’s last payment, may actually be his last payment. Assume the worst. Don’t give him too much rope. Start the eviction process now, so you can return your property to an income generator in the shortest time possible.
Call Robert Nislick, a Massachusetts evictions attorney, to get the ball rolling immediately and to handle all of these steps for you.
I will review your lease terms carefully. You will need to follow any notice provisions contained in your lease. Your lease may require you to serve a notice of default prior to sending a notice of termination of tenancy. Have a constable serve these notices so you can prove that you have properly served any notices on your tenant.
If the lease contains provisions for terminating the lease for nonpayment of rent and any right to cure, then those provisions control. See G. L. c. 186, § 11A(i).
If not, then a commercial landlord can terminate the lease by at least 14 days notice to quit, and the tenant has the right to cure on or before the day the answer is due. See G. L. c. 186, § 11A(ii).
After the tenancy terminates, we can serve a summary process summons and complaint. About two weeks after that, the case gets entered in the district court or superior court. A trial date is scheduled for about 1.5 weeks after that, but if the tenant serves discovery, the trial would be 3.5 weeks after the entry date. The appeal deadline is 10 days later. Then you get an execution, which is the sheet of paper you need to actually have the sheriff move the tenant out. If the tenant hasn’t already vacated, you can ideally have the sheriff move the tenant out about a week later.
Since the whole process can easily take about three months, you cannot afford to waste any more time.
Contact Robert Nislick, a Massachusetts commercial eviction attorney, today.