If you are a Commercial Landlord in the State of Florida and your Commercial Tenant fails to pay rent, the process that a Commercial Landlord must follow is very similar to evicting a residential tenant. If the Commercial Lease does not state otherwise, a Commercial Landlord must give the Commercial Tenant that has failed to pay rent a three (3) day notice to either pay rent or vacate the property. If after the three (3) day notice period expires the Commercial Tenant fails to pay rent, the Commercial Landlord has the right to commence Eviction proceedings against the Commercial Tenant.
The Commercial Landlord will serve the Commercial Tenant an Eviction complaint wherein the Commercial Tenant has five (5) days to respond to the Complaint. If the Commercial Tenant fails to respond to the Complaint, the Commercial Landlord will file a Motion for Default and will ultimately receive a Final Judgment from the Court. Once the Judge signs the Final Judgment, the Final Judgment is sent to the Clerk for the Writ of possession to be signed. The Writ of Possession is an executed document from the Clerk that directs the Sherriff to return possession of the property to the Commercial Landlord. The Writ of Possession gives the Commercial Tenant twenty-four (24) hours to remove all of their possessions before the Sherriff returns to the property to execute the Writ of Possession.
If the Commercial Tenant files a response to the Complaint, the Judge may set the Commercial Tenant’s response for hearing. The Commercial Eviction process must be strictly followed by a Commercial Landlord. Any mistakes throughout the process can result in either your case getting dismissed or a serious delay in the time it takes to evict the Commercial Tenant. If you are a Commercial Landlord and have a Commercial Tenant that has failed to pay rent, contact your Florida Commercial Eviction Attorneys of 954 Eviction Attorneys, PLLC today @ 954.323.2529. We are open twenty-four hours a day, seven (7) days a week.