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The Right Way to Evict a Defaulting Commercial Tenant in Florida | Brian Chase - Atlas Law

Renting commercial space to a tenant is a great way to make money in Florida. Whether you are renting an unused portion of your commercial property, or you purchase commercial property exclusively to rent it out to tenants, it is important to ensure you are receiving the promised payments from the tenants. If a commercial tenant in Florida is defaulting on their agreement, you may need to evict them.

Evicting commercial tenants is not the same as residential tenants. The laws in Florida respect the fact that commercial tenants are fiscally aware of the agreements they are signing, which in many cases can give the landlords the ability to evict defaulting tenants more easily than it would be to evict a residential tenant. That being said, however, it is still necessary to take the proper steps to avoid delays and other complications.

Giving Sufficient Notice

Once a commercial tenant has defaulted on their payments, you must give them a minimum of three days’ notice before beginning the eviction proceedings (for evictions not related to payments, fifteen days’ notice is usually necessary). The notice should be in written form, and ideally should be delivered via certified mail so you have proof that the notice was given.

Unlawful Detainer Complaint

Once that notice period has passed, filing an eviction complaint is the next step. This complaint should be filed with the local state court in which the property in question exists. In addition to filing it with the courts, it should be served to the tenant.

Wait for a Response

Once the tenant has been served, they have five days in which to respond to the complaint. They can respond by filing an answer, issuing a counterclaim, or by exiting the commercial property. If they fail to respond at all, the tenant automatically loses the case.

Make Your Case

If the tenant does file an answer or counterclaim, the courts will set up a date, usually a few weeks in the future, when everyone must come in and state their case. In the vast majority of these types of cases, it will be heard by a judge, though in some rare circumstances a jury may be brought in.

Enforce the Judge’s Ruling

If the judge agrees with you that the tenant did not make their required payments, he or she will make the ruling that the tenant must leave. If the tenant doesn’t vacate the premises within a reasonable amount of time (a day or two) then you can have the courts enforce the ruling, which is when the police can forcibly remove them, at which time you can begin the process of finding a new tenant.

Don’t Attempt to Handle it On Your Own

While these types of cases seem quite simple on the surface, there are many little things that can go wrong. If the paperwork is not completed correctly, the notices aren’t served properly, or the tenant has a solid argument as to why they haven’t made their payments, it can cause significant delays. Contact Atlas Law to discuss your options, and let us help you through the commercial eviction process.