If you lease or rent commercial space in Ohio, your focus likely is on providing a safe, functional, and clean space for your tenants. In return, you expect that your tenants will abide by the terms of their lease and pay their rent on time. Generally, people don’t enter into agreements thinking that someone isn’t going to uphold their end of the bargain. Unfortunately, not all tenants are “good” ones. At some point, you may ask yourself, “Do I need to proceed with an eviction?”
Unlike residential evictions, which are covered by Ohio landlord-tenant law, commercial evictions rely heavily on the provisions and terms of the written commercial lease agreement. Therefore, it is extremely important to understand the grounds for eviction and the methods by which it can be pursued.
Common grounds for an eviction may include:
- Non-payment of rent.
- Holdover tenancy – a tenant who continues to occupy the premises after expiration of a written lease agreement without renewing their contract.
- Breach of written lease terms.
- Subletting without permission.
- Substantial damage to the property.
- Engaging in criminal activity.
In Ohio, landlords must provide written notice to the tenant stating the grounds for termination of the lease agreement and stating a deadline for the end of the tenancy. The length of notice required may depend on the reason for termination and the terms of the written lease agreement. For example, if a tenant fails to pay rent, the landlord typically must provide a 3-day notice to vacate the premises.
Suppose the tenant fails to vacate the premises upon expiration of the notice deadline. In that case, you will likely need to file a court action to regain possession of the premises unless the written lease agreement contains a “self-help” clause.
While no landlord wants to go through an eviction process, it is critical to understand the terms of your written lease agreements and to have a protocol in place if a violation occurs.
At Pickrel, Schaffer & Ebeling, we have an experienced team of attorneys who handle commercial landlord/tenant matters. If you have questions concerning these matters, we are here to help. If you are a landlord who needs assistance with a commercial eviction, please contact Kaylee Price at kprice@pselaw.com or 937-223-1130.
