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Often, leases will grant expanded rights to Tenants (i.e., requiring longer default notice periods, rights to cure prior to filing suit, etc.).

Even worse, uncontested lawsuits leading to possession judgments may be able to be set aside at a later date by the Tenant for lack of following the proper steps. This can be costly as you may have to refile after following the required notice provisions. Often times, failure to provide this notice can be fatal to your ability to obtain a judgment for possession of the premises after filing a lawsuit. Not Following Statutory Notice Laws Prior to Filing for an Eviction: Certain states require that a written notice (often with specific statutory language and providing a certain time period) be provided to the Tenant prior to your bringing a lawsuit to evict them from the premises.Failing to provide necessary utilities to the space, rendering it uninhabitable and/or unfit for the leased purpose, can be considered akin to locking the Tenant out of the space. This error commonly occurs when the Tenant is responsible under the lease agreement for certain utility bills being charged to the Landlord. Turning off Utilities: Landlords may also be held liable for constructive eviction under state laws if they choose to cut off services to the leased premises, including turning off the water or electricity serving the space.Generally speaking, gaining possession of a leased space can only be achieved through court order and execution by the appropriate law enforcement authorities. Locking the Doors When The Tenant Fails to Pay: While locking the Tenant out of the space may seem like a desirable and reasonable response when the Tenant is failing to keep up with his/her rental obligations, doing so may open up the Landlord to liability for “constructive eviction” under state laws.This list summarizes some of the most common errors made by commercial Landlords and their property managers when they find themselves dealing with a defaulting Tenant.