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How to properly evict a commercial tenant

In many cases, it can prove easier for you as a landlord to evict a commercial tenant than a residential one, but you can still land yourself in trouble if you do not follow proper procedures when doing so. Maybe your tenant failed to pay you within the time frame your lease agreement dictates, or perhaps he or she otherwise failed to abide by the terms of your contract.

Regardless of your reasoning for wanting to evict your commercial tenant, make sure to cover your bases by taking the following steps when moving forward.

Give your lease agreement a thorough review

While you cannot evict your commercial tenant without due cause, you may be able to do so if the tenant fails to uphold his or her end of your lease agreement. Comb through your lease agreement carefully to make sure your tenant’s actions are, in fact, grounds for eviction as specified in the lease. If he or she has not broken the terms of the lease, you may have to wait until the lease expires before you can ask the renter to vacate.

Provide written notification of your intent

The next step in evicting a commercial tenant involves notifying your tenant about the issue at hand and telling him or her that you plan to evict if the renter does not promptly rectify the problem. Whether your problem stems from a failure on your tenant’s part to maintain the property, or something else entirely, be clear about the time frame in which you need the problem remedied. Follow Florida laws, unless your lease agreement stipulates that your tenant has a longer length of time to address problems.

Proceed with the eviction case

If your written notification does not furnish the results you desired, the next step is to file an eviction case with the county court. You will receive a court date, at which time you can plead your case to the judge and demonstrate the actions you took, to date, to try to remedy the problem with your tenant. If a judge sides with you, you will receive a writ of possession, which is the document you need to regain possession of your commercial property.

 

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