Q: Have small Maryland office condo with nonpaying month to month tenant. We have been paying condo fee & property tax.
The tenant has means & finances but just using Covid to his advantage. How can we evict 3/31 or can we at least convert to triple net to free ourselves of recurring expenses? Can’t afford the $2500 retainer or the hourly rates. Thanks!
A: If this is a commercial lease--not a residential--then give 30 days written notice to vacate (it's month-to-month), or whatever longer period is required by the lease, and when they fail to vacate you file for eviction based on tenant holding over beyond the term of the lease, or immediately file for breach of the lease for non-payment of rent. You do not need to file for unpaid rent at this time: you can simply focus on getting them out. There is no COVID defense applicable to a tenant holding over beyond the term of the lease or in a commercial lease action. Once you have possession of the unit, you can file a breach of contract action for the unpaid rent and damages. Make sure you also provide the tenant with an accounting of how you are applying any security deposit toward past due rent and damages, and show any amounts still owing.
Leonard A Englander agrees with this answer
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