A commercial eviction can be stressful for both landlords and tenants. The landlord may be losing rental income, while the tenant may be worried about moving a business, protecting equipment, and keeping customers. Since commercial leases often involve substantial financial obligations, these cases can become complicated fairly quickly.
In Florida, commercial properties are generally covered by the laws for nonresidential tenancies. However, the written lease is also extremely important. It may explain when rent is due, what counts as a default, how notices must be delivered, and how much time the tenant has to correct a problem.
Why Commercial Evictions Happen
Unpaid rent is one of the most common reasons for a commercial eviction. Other reasons may include staying after the lease expires, using the property for an unauthorized purpose, failing to maintain required insurance, or breaking another important lease term.
Before taking action, the landlord should review the entire lease. A small detail in the notice section may matter. For example, the lease might require notice to be sent to a certain address or delivered in a particular way.
Tenants should also read the lease instead of assuming the rules are the same as those for an apartment. Commercial tenants may have different rights and responsibilities.
The Notice Usually Comes First
When rent has not been paid, Florida law generally requires the landlord to provide a written three-day notice demanding payment or possession. If the issue is a material lease violation other than unpaid rent, a 15-day cure notice may apply when the lease is silent or the tenancy is based on an oral agreement. A written lease may contain its own requirements for other defaults. Florida Statutes § 83.20
The notice period gives the tenant a limited opportunity to respond. Depending on the situation, that might mean paying the balance, correcting a lease violation, negotiating with the landlord, or leaving the property.
A notice does not always mean an eviction lawsuit has already been filed. Still, it should never be ignored.
What Happens When a Case Is Filed?
If the problem is not resolved, the landlord may file an eviction complaint. The tenant must then be formally served and given an opportunity to respond. Florida law allows special posting and mailing procedures when personal service cannot be completed after the required attempts. Florida Statutes § 83.22
Tenants should pay close attention to every deadline. Waiting too long may result in a default judgment, even when the tenant believes there is a good defense.
One especially important rule involves the court registry. A commercial tenant may be required to deposit unpaid rent and rent that becomes due while the case is pending. If the amount is disputed, the court can decide how much must be deposited. Failure to follow the court’s order can waive the tenant’s defenses and allow the landlord to receive an immediate default for possession. Florida Statutes § 83.232
Possible Outcomes
Not every commercial eviction ends with a forced move. The parties might agree to a payment plan, an early lease termination, or a scheduled move-out date. An agreement can sometimes reduce costs and protect business property.
If the landlord wins, the clerk issues a writ directing the sheriff to return possession of the property to the landlord. Florida Statutes § 83.241 The case may also include claims for unpaid rent, property damage, legal fees, or other amounts allowed by the lease.
Preparation Can Make a Difference
Landlords should keep copies of the lease, notices, payment records, correspondence, and photographs. Tenants should save payment receipts, repair requests, emails, and evidence showing that they followed the lease.
Commercial eviction rules can be strict, and every situation is a little different. Reading the lease early and getting qualified legal guidance may help both sides understand their options before deadlines pass.
This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include sarasota foreclosure lawyer, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or personal injury attorney in Tampa Bay contact us today for a case evaluation today!