The most common way to Evict a Florida Commerical Tenant is for Non-Payment of Rent. Generally, the process is the same in all Commercial Leases. However, a Florida Commercial Landlord can Evict a Commercial Tenant for Non-Monetary Violations as well. However, a Landlord should always hire a Lawyer to Evict a Commercial Tenant for Non-Monetary Violations. If you need to Evict a Commercial Tenant for non-monetary violations of the lease, contact 954 Eviction Attorneys at (954) 323-2529.
How To Evict a Commercial Tenant for Non-Monetary Violations of the Lease
Florida Statute 83 governs Florida Evictions for Non-Monetary Violations. Before beginning the process, a Florida Commercial Landlord needs to carefully examine the lease. The Landlord will be required to use Florida Statute 83 if the lease does not provide a process. However, most contain a default provision that governs the procedure in removing the Tenant for Non-Monetary Violations. The first step is giving the Tenant a Default Letter. This Notice states that they are in violation of a Non-Monetary Violation of the lease and they have a certain amount of days to Cure it. Violations include but are not limited to the following:
- Damage to the property
- Allowing unauthorized Occupants
- Preventing The Landlord from accessing the Unit
- Making alterations without the Landlord’s Consent
- Not maintaining the required Insurance
- Using the Premises for Purposes prohibited by the Lease
- Failing to Make Repairs
If the Tenant cures the violation stated in the letter within the requisite time period, the Florida Commercial Landlord is prohibited from proceeding with the Eviction. On the other hand, they can proceed with Filing the Eviction if the violation is not cured.
How does the Court Process work?
A Tenant is given five days to respond once they are served with a Commercial Eviction for Non-Monetary Violations. However, they are usually required to retain counsel in Florida as they are a business and must be represented. This also stresses the importance of a Florida Commerical Landlord of obtaining representation when filing an Eviction for Non-Monetary Violations. After the Tenant responds to the Commercial Eviction with a Motion to Dismiss or an Answer, the Court will order the parties to mediation or schedule a hearing.
Like any hearing, each side will present their evidence and arguments with the Court rendering their decision. If the Court finds in favor of the Landlord, a Writ of Possession will be signed by the Clerk directing the Sheriff to remove the Tenant from the property. If the Court finds in favor of the Tenant, the Landlord will likely be required to pay the Tenant’s Attorney Fees.
Florida provides Commercial Landlords two separate ways to Evict a Tenant: Non-Payment and Non-Monetary Violations. If you need to Evict a Commerical Tenant for Non-Monetary Violations, contact 954 Eviction Attorneys at (954) 323-2529.