What Commercial Landlords Need to Know About the Appeals Process in an Eviction Case

As a commercial landlord, one of the last things you want to happen to one of your properties is to have to evict a tenant. If you have a tenant who is not paying their monthly rent, or has violated their contract in some other way, going through the eviction process may be the only option. When things have reached this point, you undoubtedly want everything to move forward as quickly as possible so you can begin the time-consuming process of finding a new tenant and getting them paying the rent.

Even after you have secured an eviction notice from the courts, however, there may be an additional obstacle. Your tenant can file an appeal to the original court ruling. If the court accepts the appeal, their original eviction order will be put on hold until the appeal is able to be heard. While this does not happen very often, commercial landlords should know what to expect so you can handle it properly should it occur.

Do Not Physically Remove Tenant

When the courts accept the appeal from your tenant, they will almost certainly issue a stay of eviction for the previous order. This means you cannot begin removing the property of your tenant from your building. You also cannot begin any work on the building that will cause problems for the tenant. Any action you want to take will need to wait until the judge makes a ruling on the appeal.

Courts will Collect Rent

One nice thing about the appeals process is that the courts will require that your tenant pay all the rent that is due, and any future payments as well, into the court registry.  These payments are then held in the court registry until a decision has been reached. If the reason for the eviction is a failure to pay rent, the appeals process may actually make it easier to collect what you are owed. The specific requirements regarding rent paid into the registry of the court is identified under Florida Statute 83.232.

Avoid Mistakes for a Fast Judgement

The courts know that the eviction process, and any appeals, can be very costly and challenging for both the landlord and the tenant. With this in mind, they typically schedule hearings very quickly after an appeal has been filed. As long as you respond quickly and avoid any mistakes, you should be able to either move forward with the eviction, or begin receiving rent again, soon. To ensure the whole process goes smoothly, contact the Reyes Law Group to speak with an experienced commercial real estate law attorney in Florida. We will be happy to go over your case and make sure your legal rights are defended.

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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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