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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.
Can the Landlord refuse consent? If the lease is silent on assignments, the tenant is free to assign without the landlords consent.
In order to transfer a commercial lease, you will likely need to obtain the landlords permission. Failing this, you might be liable to face financial penalties. An assignment of a commercial lease is not always permitted by the landlord.
Most commercial leases will include a provision which prohibits assignment without the landlords consent, and will prescribe the process the tenant needs to go through to secure this. What some landlords do not realise is that they can only refuse consent if they have very good reasons.
Even if the landlord and tenant have opted out of sections 24 to 28 of the Landlord and Tenant Act 1954 (see the next section), it is still safest for the Landlord to give at least 3 months notice (or however much is required by the lease).
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Landlord Must Win an Eviction Lawsuit to Remove a Tenant from the Property. A landlord cannot simply remove a tenant from the property because of nonpayment of rent. Instead, the landlord must file an eviction lawsuit and must win that lawsuit before removing the tenant from the property.
To evict a tenant in North Carolina, a landlords lease must specifically allow for termination of the tenants right to possession, termination of the lease estate, or termination of the lease when a tenant bdocHubes the lease.
Steps of a Commercial Lease Eviction A notice will be provided to the tenant. Once the notice has expired, the landlord can file a complaint with the court, which will then issue a summons that starts the process of judicial eviction. The tenant must respond to the summons based on the deadline within.

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