Evicting Commercial Tenants
Commercial evictions follow the summary process framework used for residential evictions, but the notice requirements, timelines, and available defenses are shaped heavily by the lease itself rather than by statute.
Grounds for Commercial Eviction
- Non-payment of rent
- Breach of a lease covenant (use restrictions, unauthorized alterations, unauthorized assignment or subletting)
- Holdover after lease expiration
- Default under lease-specific provisions
The Process
- Notice under the lease's default and cure provisions, or a statutory notice to quit where applicable
- Expiration of the notice or cure period
- Filing of summary process in the appropriate court
- Service on the tenant
- Tenant's answer, which may raise lease-based or statutory defenses
- Trial or negotiated resolution
- Judgment and, if necessary, execution through a constable or sheriff
What Makes Commercial Evictions Different
Commercial leases often specify their own notice and cure periods that override default statutory timelines. The lease may also address holdover tenancy, acceleration of rent upon default, and specific remedies available to the landlord — all of which shape how the eviction is structured. The defenses to commercial evictions are often more involved as well.
Contact
If you need to evict a commercial tenant, contact Sandonato Law to review your lease and discuss your options.
Contact Sandonato Law Call (617) 481-2742