How a Commercial Eviction Works in Florida

Are you the owner of a corporate property, such as a store or office space, that you rent out? If so, it’s possible that you may have to contend with a situation where the business that rents your property is no longer able to pay rent. What do you do? How do you free up the space so that you can rent it out to someone who is able to pay their rent? Read on to find out.

When evicting a commercial tenant, it is important to follow the proper process so that the evicted tenant will have no reason to take legal action against you.

Once you’ve determined that you have the ability to evict your commercial tenant in accordance with the lease agreement, you must give them notice that you intend to begin eviction proceedings. In Florida, you’re required to give three days notice if you are evicting them due to failure to pay rent, and fifteen days notice if they’re being evicted for another reason. Keep in mind that they don’t have to be out of your property at the end of the three- or fifteen-day period. It is only then that you can begin eviction proceedings.

You will begin eviction proceedings by filing an unlawful detainer complaint with your local state court. You must also serve your tenant with a copy of the complaint. It should state the facts of your case, such as how much rent is past due and who has legal possession of the property. If your lease requires your tenant to pay for your court costs and attorney fees in this type of situation, the document should include that information as well.

The tenant will have five days to respond to the unlawful detainer complaint. If they do not respond in this window, they will lose the case by default. If they do file a counterclaim, you have your own five-day window to respond and a court date will be scheduled.

Unlawful detainer lawsuits are taken seriously and generally courts move quickly in these matters. You can expect them to schedule a trial within two weeks of the initial filing of the complaint.

Who can help me with the commercial eviction process?

It is important that landlords handle their evictions properly. From failure to give notice, to a mistake in the complaint, to improperly presenting your case in court, there is a lot of risk of error. Any mistake can be costly. That’s why it’s so important to work with an attorney who is well-versed in Florida tenancy law. The Reyes Law Group team has years of experience helping landlords navigate this process, and we would welcome the opportunity to work with you. If you’re ready to get started or need help determining whether or not you can evict your tenant, give us a call at (954) 369-1993 or email us at  info@reyeslegal.com.

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Reyes Law Group

Reyes Law Group represents clients in a multi-disciplinary legal practice involving real estate transactions and litigation with a “footprint” that covers the State of Florida. Over the firm’s first 10 years, Reyes Law Group has closed over $100M in commercial closings, representing buyers and sellers in contract negotiations, due diligence, and the related title review and policy issuance related to closings. In litigation, the firm has commercial litigation experience focused on prosecuting or defending claims such as breach of contracts, partition actions, trade secret violations, and breach of non-competes. However, our firm’s MAIN FOCUS is assisting asset and loan portfolio managers, investors and private lenders with a “ 4-PILLAR APPROACH” to the legal challenges they face with non-performing assets: 1) LOAN WORKOUTS; 2) COMMERCIAL FORECLOSURES (across the State of Florida); 3) COMMERCIAL EVICTIONS; and 4) REO COMMERCIAL CLOSINGS.30+ years’ legal experience means - WE CAN HELP!

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