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Publications / Seminars
Related Articles: Commercial Landlord
Important Eviction Deadlines
During
a commercial eviction procedure there are important deadlines
that landlord must meet in order to successfully evict a tenant.
Some of them are as follows:
Notice of Default
There are no 5 day statutory notice requirements as in residential
evictions. However, all notices required by the lease must
be satisfied before filing the Unlawful Detainer.
Service of Unlawful Detainer
Must be made 5 days prior to first return date.
Removal
Tenant may seek to remove the case to the Circuit Court but
must do so within 10 days after the first return date. If
this occurs, be sure to demand that the tenant post a bond
for future rent.
Appeal
If either tenant or landlord wants to appeal the General District
Court trial verdict, a notice of appeal must be filed within
10 days; or, 30 days from a Circuit Court judgment.
Writ of Possession
If the court awards possession to the landlord, the Writ of
Possession can be filed after 10 days. But, many clerks of
court will not issue a Writ of Possession after 60 days.
Sheriff's Return
The sheriff must evict the tenant or return the writ of possession
to the court without eviction within 30 days. Don't delay
or Landlord may have to start the eviction all over again.
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