What to Consider When Evicting a Commercial Tenant in Illinois

 Posted on July 31, 2020 in Real Estate

Commercial landlord-tenant relationships can often be mutually beneficial, but tensions caused by adverse goals can arise from time to time. If you are a commercial landlord in the Lake County area, there are several things to consider when deciding whether or not to evict a commercial tenant. In any event, consult an experienced commercial real estate attorney before taking eviction action. It will save you time, energy, and money in the long run.

Lease Modification and Changes to Rental Agreements

If you find yourself at odds with a commercial tenant, stop to consider whether a lease modification or change to a rental agreement could solve your issue. If a tenant is continuing to pay rent but wants to adjust the space used or other conditions of the agreement, then negotiating and modifying your lease may be more profitable than trying to find a new tenant for the space. When the goals of the landlord and tenant diverge, there is no reason the relationship cannot survive if an experienced attorney steps in to guide the negotiations.

Non-Payment of Rent

There are many reasons a tenant may fall behind on rent payments, and a landlord has the right to begin the eviction process if that happens. But stop to consider whether the lack of payment may be temporary, and if so, whether finding a new tenant for the space would be more profitable than waiting for the current tenant to work through his or her financial issues.

While residential landlords have been prohibited from evicting tenants for non-payment of rent during the COVID crisis, commercial landlords may initiate eviction proceedings but law enforcement will not take action to enforce an eviction. Consider that a tenant’s temporary lack of income may be just that – temporary. In your area, the likelihood of finding a new tenant before your current tenant gets “back on their feet” may be low. Consider whether lowering the rent, giving a few months grace period, or making some other compromise with your current tenant is possible for you.  Consult an experienced attorney who can discuss the pros and cons of these options with you.

Illegal Activity or Felony Charge

If you find out illegal activity is taking place on your leased property or a tenant is charged with a Class X felony – the most serious felony charge in Illinois – you have the right to immediately initiate eviction proceedings. However, this does not mean you should show up on the property and demand an immediate vacancy.

Proper Written Notice to Tenants

Initiating eviction proceedings is done by properly serving tenants with written notice of a demand for eviction. It is not a good idea to insult or otherwise “lash out” at your tenant in a demand for eviction, and it would be wise to have an attorney draft a notice for you. If the tenant does not immediately resolve the issue leading to your demand for eviction, such as paying overdue rent in full, the eviction proceedings could potentially move to a courtroom. In that situation, you will want an experienced attorney familiar with your case to represent you, which will save you money in the long run.

Contact a North Chicago Commercial Real Estate Attorney

If you are considering evicting a commercial tenant, contact an experienced Lake County commercial real estate lawyer at Newland & Newland, LLP. Call 847-549-0000 to schedule a free phone consultation at any of our five locations. Our attorneys are prepared to immediately assist you with your real estate case.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2201&ChapterID=62

https://cbaatthebar.chicagobar.org/2019/11/19/illinois-adds-new-eviction-protections-for-commercial-and-residential-immigrants/

https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-48.aspx