A recent post on this blog covered some key clauses to consider including in a commercial real estate lease. However, what happens if one of these clauses is breached by the commercial tenant?
Landlords in such situations should know that if this problem arises, there are ways they can protect their interests. We will examine some specific causes for the removal of tenants, as provided in Florida law.
Failing to vacate after expiration of the lease
Under Florida Statutes 83.20, a commercial tenant may be removed from the premises they are leasing if they continue to possess the premises without the landlord’s permission, after the lease has expired.
Non-payment of rent
A commercial tenant may also be removed from the premises they are leasing if they remain on the premises without permission and without paying the rent per the terms of the lease, as long as they have been served with three days’ written notice that the rent must be paid. Specific legal processes must be followed to evict a tenant for non-payment of rent.
A material breach where the lease is silent
Aside from the nonpayment of rent, if a commercial tenant remains on the property without the landlord’s permission after failing to remedy a material breach of the lease, they may be removed upon being served in writing with 15 days’ notification requiring that the breach be cured. However, this will only apply in situations in which the lease does not contain any language on the matter.
It is important to note that commercial leases are different from residential leases, and a landlord’s remedies under a commercial lease may differ from residential leases. The lease itself may contain language addressing the landlord’s rights if the tenant breaches the terms of the lease. In addition, this post does not contain legal advice. There are certain legal steps not discussed here that must be taken in order to properly evict a tenant.
Having to evict a tenant can put a commercial landlord in a difficult situation. It is important that all the proper steps are followed, to avoid any extra problems or costs that may arise if the landlord wants the tenant removed from the premises. Therefore, it is important for commercial landlords to understand what their rights are if the tenant breaches the lease, so they can take the necessary steps to protect their interests.