COMMERCIAL EVICTIONS

Take the frustration out of your hands

There are three main reasons to evict a commercial tenant:

  1. Non-payment of rent
  2. Non-monetary material
  3. Holdover by tenant after termination of the lease
  4. Personal property of the former tenant

As a landlord, you must give proper notice pursuant to the lease. If the lease is silent then you provide a 3-day notice pursuant to Fla. Stat. Sec. 83.20(2). If the tenant fails to pay all rent as defined in the lease as due and owing within 3 business days, then the landlord shall file suit in County Court. Summary proceedings (Fla. Stat. Sec. 51.011) in which the tenant has five business days from service of the summons and complaint to respond. In the event the tenant responds and fails to deposit as alleged in the complaint, then the landlord may move to strike all defenses pursuant to Fla. Stat. Sec. 83.232(5).

Non-monetary material default: In the event, the tenant breaches the lease then the landlord must review the default and notice provisions. On careful analysis, the landlord must follow provisions and notify the tenant of the specific nature of the breach and the time in which to cure. Once the time has lapsed then the landlord may proceed toward suit.

If the tenant refuses to surrender possession at the end of the lease term, then the landlord may not only file suit for possession but also holdover (double) rent pursuant to Florida Statutes Section 83.06. At this point, we would file suit in County Court, at this point we are asking for possession.

In the event the personal property remains on the formally leased premises, then the landlord must follow Florida Statute Section 715.10 – 715.111