Q: How do I legally evict tenants with no written lease/ contract out of my commercial property?
This is a established restaurant and the tenants removed all the assets/ equipment out and are trying to start a Marijuana grow room To my knowledge which I have verbally told them they were not allowed to, nor does the township allow . I told them On April 17th, 2020 to put back all the equipment/assets immediately and they have not done so as of today May 19th 2020. The tenant is also under breach of contract to a previous owner of just the business, not the property , Where money is still owed . I am also being threatened not to enter back in the premises. Due to the covid19 I understand I can’t make them pay the last 3 months of rent yet , but With them having removed all the assets over 30 days ago, technically is it still considered a restaurant and what are my rights there?
A: You can evict tenants without a written lease, however I'm not sure how you'll go about showing lost equipment / assets if they weren't written down. You could establish a rent amount by showing bank statements / proof of payment. Otherwise, you'll have a tough time showing what the rent is.
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