In Connecticut, the relationship between a landlord and a tenant in re: a commercial lease can be subject to scrutiny during an eviction. While landlords are legally permitted to evict tenants in specific scenarios, this process is regulated by laws that outline the rights and responsibilities of both parties.
Suppose a business is evicted; the affected entrepreneur can benefit from understanding the legal framework surrounding commercial evictions in the state.
Legal grounds for eviction in the Provisions State
According to Connecticut General Statutes § 47a-23, a landlord can serve a Notice to Quit if their commercial tenant fails to pay rent. This formal document should notify the affected entrepreneur about why and when the landlord wants them to vacate the premises.
Entrepreneurs also risk eviction if their landlord finds them in violation of the terms of their commercial lease. This could include:
- Improper use of the premises (e.g., operating a type of business not allowed under the lease)
- Subletting without the landlord’s consent
- Causing damage to the property
If the lease explicitly prohibits certain behaviors and the tenant engages in them, the landlord also has grounds to seek eviction.
Lastly, if the landlord and tenant fail to negotiate a new lease before the old one expires, the landlord can demand that the tenant vacate the property. While this is technically not an eviction, it can feel like one if the tenant wants to continue occupying the space.
The eviction process
Suppose a landlord has grounds for eviction; they are required to follow a legal process to remove their tenant from the premises:
- Serving the tenant with a Notice to Quit that outlines the reason for eviction and a deadline to leave
- Filing a summary process action (eviction lawsuit) in court if the tenant doesn’t leave by the set deadline
- Presenting the case in court
Suppose the court rules in favor of the landlord; they will issue an order of eviction, and a marshal can be sent to enforce it.
Entrepreneurs facing eviction from their commercial premises in Connecticut might want to review the terms of their lease while seeking knowledgeable legal guidance. While landlords do have the legal right to evict tenants for specific reasons, they must follow a strict legal process. Furthermore, affected tenants have the right to defend themselves in court if they believe that an eviction is unwarranted.