Evicting a commercial tenant is a complex legal process that requires careful adherence to Florida state laws. For landlords, navigating these laws is essential to protect their property rights while avoiding costly legal missteps.
The lease agreement that a tenant signs typically governs the relationship they’ll have with their landlord. The landlord has significant power to enforce lease terms, even as far as evicting the tenant. However, even with this flexibility, landlords in the Sunshine State must follow specific legal steps to evict a commercial tenant lawfully.
Establishing valid grounds for eviction
Evicting a commercial tenant requires justifiable grounds as defined in the lease agreement. Common reasons include:
- Non-payment of rent
- Lease violations (such as unauthorized subletting)
- Property damage
- Use of the premises in ways that violate zoning laws
A thorough review of the lease agreement helps determine the specific grounds, as it often stipulates terms and obligations that, if violated, can warrant eviction.
Issuing a notice to the tenant
Upon establishing a justifiable reason for eviction, the landlord can issue a written notice to the tenant detailing the grounds for eviction. State law requires landlords to give tenants a notice for non-payment of rent.
This act creates a period of time when the landlord allows the tenant to pay any outstanding rent that is due. However, failure on the part of the tenant to pay within the stipulated business days will result in eviction proceedings. Tenants are also entitled to a notice for lease violations, allowing the tenant to remedy the problem. Similarly, if the tenant refuses to comply with the landlord’s request, they may face eviction.
Filing an eviction lawsuit (unlawful detainer)
In the event that a tenant does not take advantage of the notice issued by the landlord to reconcile the concerns raised, a lawsuit may follow. The landlord is required to file the eviction lawsuit with the county court where the property is located.
Once the lawsuit has been filed, the tenant in question can respond to or contest the lawsuit within a specified timeframe. If the tenant fails to respond or contest the claim, the court may issue a default judgment in the landlord’s favor, allowing them to proceed with the eviction.
Evicting a commercial tenant in the Sunshine State requires a methodical approach to help ensure compliance with state laws and lease terms. Landlords can protect their rights more effectively by enlisting legal guidance as proactively as possible.