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How to Evict a Commercial Tenant in PA?

A real estate lawyer can provide assistance in situations where a commercial tenant must be evicted from a property. This typically occurs as a result of the fact that the commercial tenant breached a lease agreement through nonpayment or through another action that violated lease terms. A commercial tenant cannot just be locked out of a property or removed from a property without proper legal proceedings taking place. A real estate lawyer offers representation throughout these proceedings and can provide advice to both landlords and tenants on the eviction process. 

Curley & Rothman, LLC has extensive experience with commercial real estate transactions in Pennsylvania. We know the laws inside and out related to commercial properties and we can provide invaluable assistance in taking action when a problem arises and a commercial tenant must be evicted. Give us a call to find out about the ways in which we can assist landlords in having a tenant removed from a property in as timely and efficient a manner as possible.

How to Evict a Commercial Tenant in Pennsylvania

Evicting a commercial tenant in Pennsylvania is usually an easier process than evicting a tenant who has a residential lease. This is because most commercial lease agreements have Confession of Judgement provisions included in the lease.

There are usually two such provisions: One type of Confession of Judgement clause allows a landlord to get a speedy judgement for possession of the leased commercial property. The other type of Confession of Judgement clause, a Confession of Judgment for Money, allowing a landlord to recover monetary damages from the commercial tenant.

A confession of judgement clause provides the landlord with a powerful legal tool to quickly evict a commercial tenant. If the tenant fails to pay rent and there is a Confession of Judgement clause, the landlord can file a court complaint against the tenant. When the complaint is filed, a “confession of judgement” or “warrant of attorney” is simultaneously filed asserting that the attorney for the tenant is the same as the one for the landlord. The warrant of attorney also stipulates that the attorney, on behalf of the tenant, is confessing the truth of everything in the complaint that has been filed by the landlord.

Along with the “confession” of the truth of the landlord’s claims is a request that the court immediately enter a judgement against the tenant. The court can order a judgment of eviction allowing the landlord to reclaim the premises, and, when there was also a Confession of Judgement for money clause, the court can order the tenant to pay money that is due to the landlord.

All of this will take place without the tenant actually having the opportunity to come to court to try to stop the eviction or to present his case. In fact, in many situations, the tenant is not even notified of the court proceedings or of the fact that the Confession of Judgement clause will essentially mean that the tenant is considered to have confessed to wrongdoing. A tenant can end up being forced to leave a commercial property, or to try to fight an uphill battle to reopen the case and reverse the judgment of eviction.

The Confession of Judgement clause is a very powerful tool for landlords. However, if for any reason you own a commercial property and need to evict a tenant who does not have a Confession of Judgement provision in a lease, there are other legal processes which could also be followed to evict the tenant. A Pennsylvania real estate lawyer can provide assistance in determining what your best course of action is for the eviction of a commercial tenant based on the terms of the lease agreement and the nature of the tenant’s violation that has made eviction necessary.

Getting Help from A Pennsylvania Real Estate Lawyer

Curley & Rothman, LLC provides assistance with drafting and negotiating commercial leases and can help you to draft a valid and enforceable confession of judgement provision in your lease contract. We also offer assistance with the eviction process, both when there is a confession of judgement provision as well as in other situations where a commercial lease contains no such clause.

To find out more about the ways in which a Pennsylvania real estate lawyer can offer assistance with the process of protecting your rights as a landlord of a commercial property, and the ways in which an attorney can help you to evict a tenant, give us a call at 610-834-8819 or contact us today.


Real EstateScott Rothman