Although it requires a different set of resources, commercial tenants are entitled to the same due process as individual citizens. Process servers are in the business of making sure you avoid the legal ramifications of neglecting due process for those being evicted.
Rules are different in Brazil, however, and commercial tenants aren’t as entitled to certain processes. In preparation for the World Cup this year, some businesses were evicted from their retail spaces without warning. The Brazilian government has been hoping to host the World Cup for quite some time, so it’s no surprise that their excitement created some hasty fallouts.
This will leave a controversial legacy for some, especially as they prepare to host international sporting fans once more – for the 2016 Summer Olympics. It is expected that many business owners will lose their spaces for identical reasons.
How to Remain Compliant
Process servers can help landlords stay compliant with all legal mandates during an eviction. There is a strict timeline that should be followed when evicting both commercial and residential tenants. For example, once a notice has been issued to the tenant, a reasonable amount of time should pass before subsequent notices to terminate are issued and carried out.
Only after the subsequent notices have been received by the tenant can landlords file the motion to terminate the lease with the courts. If you have multiple properties and more than one tenant late in paying, it can become cumbersome to follow the various timelines. Process servers can enable you to remain focused on managing your properties while they handle ensuring the due process has been followed for each of your tenants.
Many landlords realize their worst nightmares once due process has not been achieved for their tenants. Should the tenant file bankruptcy, it delays all proceedings to regain control over the commercial property. This means that you are not able to collect what’s due, or solicit a new tenant
Contact your local process server today if you have questions.
