Q: I own a commercial office building with four suites. One of the offices is delinquent in rent for 3 months. Can I file an eviction action or am I affected by the eviction moratoriums?

A: A commercial lease (e.g. office, retail) is not governed by any current eviction moratorium. Therefore, an owner has a legal right to remove a tenant provided that the tenant is in default under the terms of the lease. Unlike the laws governing residential properties, there are very few default terms in the commercial world. There could be variances in the notices that must be served and also the time period for a tenant to cure any default. Further, in the commercial world, a landlord could simply complete a lock-out and does not need to file an eviction (provided it’s not otherwise prohibited). Such action is common in commercial leases.

Mark B. Zinman, Attorney