What happens after a business gets evicted? Is the lease terminated? Is there a lien? What is the process to get out of the lien?
Question Details:
My boss defaulted on his lease and so the agency was evicted. Old landlord is harassing him and me and threatens to do many things. today he said there is a lean on the agency and that unless he pays the owed rent, he will come in and liquidate all assets. doesn't he have to go to court after the eviction to try to recover the rent? the judgement granted possession of the store and recovery of money due "stayed" until Oct. 31st If we moved by the 31st, but my boss still has not come up with the money to pay, what happens now?
Eviction is a court process, a landlord does not have the right to "self-evict" without resorting to the court process; failure to do so can result in liability for the landlord.
If the landlord gets a valid jugdment for possession and rent, he can place that judgment with the sheriff, who will come out and remove the tenant from the property, if they do not leave before the requisite time. Any judgment for money can be enforced like any other judgment, which also requires court action - liquidating assets is one possible way to satisfy a judgment, although not (usually) the most effective, unless there are assets with actual re-sell value.
A judgment stayed just means it can't be enforced until after the stay date. Once that date passes, all bets are off.
