[rentmoney]

I have a commercial property & tenant has not paid rent for 4 months and claims that he has paid a bond and that it can be used for rent in arrears.what are my rights?

[AK lawyer]

I have a commercial property & tenant has not paid rent for 4 months and claims that he has paid a bond and that it can be used for rent in arrears.what are my rights?

Read the lease. He "claims" there is a bond? Ask for a copy. You don't hold a deposit?

Your rights are to bring a court action to evict the tenant (after giving due notice) and to also sue for past rent as well as rent until the property can be re-rented.

By the way, if the tenant should file bankruptcy while this is going on, be aware that the rules are different than for a residential lease.

[ScottGem]

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

Second, in a commercial lease, everything is put into the lease. So it is the terms of the lease that apply. You need to read what the lease says and, specifically, what it says about the bond.

I think, though, you will find the bond is there to protect you against damage and other losses. It is not there to be used for rental because its protection will be gone.

As noted, as soon as he was ONE month in arrears, you should have given him notice of breach and to vacate. If he tried claiming the bond in court, I doubt if that would have forestalled an eviction.