How long would I have before I would be forced to leave if I am served with eviction papers and I am a commercial tenant?

I own a struggling convenience store and am behind 6 months on rent. I heard I might be served eviction papers tomorrow. No prior notices ever given. Is bankruptcy an option? What else should I consider?

Asked on March 24, 2011 under Real Estate Law, Minnesota


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Bankruptcy is an option for monies owed. However, that will not avoid eviction and the landlord can seek your eviction after only a certain time period. You have to be served with the paperwork to pay or quit the premises. If you don't reconcile your debt, you will then next be taken to court for the landlord to obtain a judgment to get you out. Commercial tenants in some states have just as many rights as residential tenants and in some states the exact opposite is true. You need to understand though that once your landlord obtains a judgment, a sheriff's notice to leave will be shortly thereafter and if you still don't leave, the sheriff can force you to leave.

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