How Do You Evict A Commercial Tenant Without A Lease?

Identify whether the occupant is a lease‑bound commercial tenant, a verbal lessee, a month‑to‑month holdover, or an unrelated trespasser. The classification dictates which laws apply and which notices are permissible, setting the stage for the 'spot valid grounds for no‑lease eviction' step later.

1. Locate every written instrument - signed lease, amendment, email exchange, or side letter. Note the term length, renewal language, and any clause that defines termination notice. Absence of a written contract often means the relationship defaults to a periodic tenancy.
2. Trace the payment history. Regular monthly rent, consistent utility transfers, and documented deposits suggest a month‑to‑month arrangement, even without a formal lease.
3. Review your state's contract‑law rules for commercial tenancies. Some jurisdictions treat a continuous payment pattern as a periodic lease that requires reasonable notice before termination. See commercial lease basics and notice requirements for a quick overview.
4. Request any lease‑related documentation from the occupant. Their response can confirm status, reveal undisclosed agreements, or expose potential defenses that will appear in later steps.

Valid grounds for a no‑lease eviction arise when a commercial tenant breaches a contractual or statutory duty, or when law permits removal without a written lease. (Recall the legal‑status check in the prior section.)

• Failure to pay rent or other required charges, even if the tenancy is verbal.
• Conduct of illegal activity on the premises, such as fraud or drug sales.
• Material property damage that exceeds normal wear and tear.
• Violation of permitted‑use clauses or breach of zoning/health‑code requirements.
• Holding over after a court‑ordered or mutually agreed termination date without new lease terms.

Send a written demand that meets the statutory notice period and any lease‑specified terms, then deliver it using a legally recognized method.

• Verify the required notice length: most states impose a minimum (often 30 days for month‑to‑month tenancies); New York, for example, generally requires 30 days and longer if the tenancy exceeds one year. Check the jurisdiction's commercial landlord‑tenant code or the lease itself for a different interval.
• Include essential details: tenant's name, premises address, exact move‑out date, reason for termination if the lease mandates, and a statement that failure to vacate will trigger legal action.
• Choose an authorized service method: personal delivery with a signed receipt, certified mail with return receipt, or a professional process server. Retain all proof of service; courts rely on this documentation.
• Send the notice promptly after confirming the required period; timing errors can reset the clock and delay the eviction.

Proper notice sets the stage for the next step - avoiding self‑help eviction pitfalls - by establishing a clear, enforceable deadline.

The three self‑help moves that almost always turn a no‑lease eviction into a lawsuit are: changing locks or cutting utilities, physically removing a holdover tenant's belongings, and entering the space or threatening the commercial tenant without a court order. Each of these actions violates landlord‑tenant law in most states and gives the tenant a strong claim for damages or a forced reinstatement.

Changing locks or turning off electricity may feel like a quick fix after the notice‑to‑vacate step, but courts treat it as an illegal eviction tactic. Likewise, hauling out furniture or equipment before a judgment invites breach‑of‑peace allegations. Finally, walking in unannounced or posting aggressive notices crosses the line into harassment, letting the tenant argue constructive eviction. Stick to formal notice and litigation; the next section explains how to file the lawsuit correctly.

Filing the eviction suit places the court on your side, so every document and deadline matters.

1. Collect proof of tenancy - lease‑type agreement, emails confirming possession, payment records, and the notice to vacate referenced earlier.
2. Draft the complaint - name the commercial tenant, label the action a 'no‑lease eviction' or 'holdover tenant' case, cite the statutory ground (e.g., unlawful possession), attach the notice as an exhibit.
3. Choose the correct venue - file in the county where the property is located; most jurisdictions require the complaint to be lodged in the circuit or district court handling landlord‑tenant matters.
4. Submit the filing - deliver the complaint and summons to the clerk, pay the filing fee (often a nominal amount, sometimes waived for small claims).
5. Serve process personally - arrange delivery by a sheriff, constable, or licensed process server, or use another method expressly authorized by state civil procedure rules; certified mail alone does not satisfy most courts. (state‑approved service methods explained)
6. File the proof of service - attach the server's affidavit to the court record within the prescribed timeframe, typically five business days.
7. Watch the docket - the court will set a preliminary hearing; prepare a concise statement of facts and be ready to oppose any tenant motions that arise.
8. Secure the judgment - after the hearing, obtain the writ of possession and schedule the physical removal, which the next section will detail.

written demand letters, payment histories, and any signed emails that establish an implied lease; those records satisfy the statutory notice requirement in most jurisdictions (see Nolo's guide to implied commercial leases). As we covered above, proving a de facto tenancy lets the court treat the holdover tenant like any other lessee, rendering the 'no contract' argument ineffective.

The second frequent defense - improper notice or retaliation - fails if the landlord follows the exact notice period dictated by state law and can demonstrate a non‑retaliatory business motive, such as a planned renovation. A log of emails, delivery receipts, and a written justification for the eviction date furnishes the evidentiary backbone that courts expect. This documentation neutralizes the tenant's claim and clears the path to judgment without needing a lawyer's intervention yet.

The fastest path to ending a holdover dispute is to secure a court‑issued possession order once the required notice period expires. After serving the statutory notice, file a summary‑eviction complaint and, if the jurisdiction permits, move for an accelerated hearing; courts may schedule such a trial on a short‑notice basis when rent arrears are evident. Compile an affidavit detailing unpaid rent, any damages, and the security‑deposit balance, then present this packet at the expedited hearing to demonstrate the tenant's breach and justify swift possession. (As noted in the 'send proper notice' section, the notice must be valid before any filing.)

Once the judgment is entered, obtain the writ of possession without delay - the focus of the upcoming 'reclaim property safely after judgment' section.

• Serve a legally compliant 30‑day notice to quit the holdover tenant.
• File a summary‑eviction action in the appropriate court.
• Submit a motion for expedited trial, attaching rent‑arrears proof.
• Bring a sworn affidavit of outstanding rent, documented damages, and deposit status.
• Agree to a court‑ordered settlement conference if offered, to encourage voluntary surrender.
• After judgment, request the writ of possession immediately to enforce the order.

Enforce the judgment by obtaining a writ of possession and delivering it to the sheriff or marshal, who will physically remove the holdover tenant. The writ triggers the authorized entry that the court approved, so any other entry would be illegal.

Schedule the enforcement day, hand the officer a copy of the judgment, and create a detailed inventory of any tenant belongings left behind; photograph the condition and store items in a locked area to block later damage claims (as we covered above, self‑help methods are prohibited). Keep the property manager's contact log handy in case the officer needs clarification.

Once the sheriff exits, change all locks, repair damage identified in the judgment, and submit the eviction accounting to the court; the upcoming real‑case example shows how these steps prevented a costly dispute.

The landlord in our case let a month‑to‑month commercial tenant stay after the written lease lapsed, then tried to negotiate a higher rent over coffee; the tenant balked, stopped paying, and refused to leave. Because the agreement existed only verbally, the landlord had to treat the occupant as a holdover tenant and follow the formal eviction track instead of relying on handshake promises.

First, the landlord mailed a written notice to vacate that met the state‑specific deadline (often 10 - 30 days for month‑to‑month arrangements, but sometimes shorter for nonpayment) and attached every email, text, and voicemail documenting the failed verbal deal. Next, the landlord filed an unlawful detainer action, presented the notice and the communication log as evidence, and secured a default judgment when the tenant failed to respond.

The judgment cleared the way for a sheriff's lockout and allowed the landlord to retake the space, a process detailed in the next 'when to hire a lawyer' section. For jurisdiction‑specific notice rules, see commercial lease termination notice requirements.

Hire a lawyer the moment any red‑flag shows up.

• Tenant ignores a legally sound notice to vacate, making the risk of unlawful self‑help high.
• Holdover tenant raises a defense that hinges on alleged lease terms or statutory rights, requiring expert legal analysis.
• Dispute threatens substantial financial loss, such as lost rent exceeding $50,000 or damage to critical equipment.
• Jurisdiction imposes tight filing deadlines or mandatory mediation steps that a non‑lawyer could easily miss.
• You lack familiarity with drafting summons, serving process, or presenting evidence in eviction court.