As a commercial landlord with a bad tenant, you probably feel like it’s within your rights to simply throw the tenant out. And perhaps that should be within your rights, but the law tries to protect both tenants and landlords from abuse of lese and rental agreements. Therefore, there are strict limits on how and why you can have a tenant evicted.
With a bad tenant, make sure you are in compliance with the law before proceeding with any action. It is critical to avoid letting your emotions get the better of you, even if those emotions are justified. There are strict laws protecting tenants, and violation of those protections could result in criminal penalties and a civil action against you.
What are the legal reasons for commercial eviction?
If you are in a lease contract, for you to evict, the renter needs to commit some kind of violation of the lease terms for you to evict. According to Florida statutes, these violations can include:
- Holding over after the lease agreement has expired: This type of holdover is as obvious as it looks. The time period specified on the lease has expired, you have given the tenant notice to vacate, and the tenant remains on the premises.
- Holding over after late payments: For eviction for this type of holdover, proper notice must be given and the proper time period passed before you can proceed.
- Holding over after failing to cure a material breach: Failure to cure involves other breaches of the lease agreement, not just staying when they should be leaving. The specific material breach would depend on the lease agreement itself, but some examples can include proper maintenance of the property, agreed-upon tenant improvements and a requirement for continuous operation. This type of holdover, like the others, requires proper notice and time to respond before proceeding with an eviction and removal.
All of these reasons for eviction require proper notice and a response period before proceeding with removal, and there are numerous steps to the process. It is critical to work with a knowledgeable commercial real estate lawyer who will help you understand your rights and proceed without exposure to criminal or civil repercussions.