If a commercial tenant does not pay rent in Florida, a landlord is required to give them at least three days’ notice before beginning a commercial eviction process against a tenant. If the tenant is being evicted for a reason other than the non-payment of rent, a 15-day notice is usually required.
An eviction notice, which may also be called a commercial eviction summons and complaint, has to be hand-delivered to the tenant at their place of business or, if the tenant is not there, left at the premises of the business. The individual who serves this notice should complete an affidavit, just as a process server does after service of process.
Different provisions for service of the notice of eviction may be agreed to in the commercial lease agreement. Because of this, both commercial landlords and commercial tenants should study their lease agreements and comply with any special provisions governing the notice of eviction.
The Florida commercial eviction statute does not require mailing by certified mail with a return receipt requested, but it is recommended. This will help the landlord protect their interests by ensuring that they are able to prove service of notice to a court in case the tenant contests the conviction.
At the end of the notice period, a landlord can file an unlawful detainer complaint in a local state court. This type of complaint must also be served to the tenant.
The tenant is required to answer this complaint within five days, or the landlord can seek a default judgment, which means the tenant automatically loses. If the tenant files a counterclaim, the landlord has five days to file an answer to the claims the tenant made.
Once scheduled with the court, the parties will meet in court to attempt to settle the matter. If a settlement cannot be reached, the eviction case will go to trial.
Although a jury trial is an available option, the majority of eviction cases are tried and decided by judges. An individual may have questions about evicting a commercial tenant in Florida. If so, they should consult with a local attorney in Florida.
What Is a Commercial Tenant?
A commercial tenant is a business that does not own its own store, office space, warehouse, or other place of business. Instead, they lease their business space.
In the United States, commercial zones are more limited than surrounding residential areas, and zoning laws governing these areas are strictly enforced. Typically, a business cannot be set up in an owner’s house, as they can in some other countries.
A business has to use property that is zoned for commercial use. Because of this, it is common for businesses to rent their places of business from commercial landlords.
A private resident is guaranteed a habitable space, and there are limitations regarding how and when tenants may be evicted. Businesses, however, are considered able to negotiate lease agreements.
This is because the law does not intend to restrict businesses’ rights to negotiate their terms. This means that commercial tenants, unlike residential tenants, typically have to negotiate to receive the rights that they want in their lease.
However, Florida laws do provide certain basic commercial tenant rights during the eviction process. Florida state statutes establish a specific procedure for evicting commercial tenants.
Why Would a Commercial Tenant Be Evicted?
A landlord typically evicts a tenant because the tenant does not pay their rent. The inability to pay rent may be a result of business loss, bankruptcy, or voluntary protest of an alleged breach of the lease agreement.
A commercial eviction may also occur if the landlord obtains a better offer from a prospective new tenant. The main issue in these types of cases is often whether the rental agreement was breached.
In the State of Florida, it is important to have a commercial lease that covers foreseeable circumstances. A business may be required to pay rent even if the business is damaged by a flood or fire.
A tenant may also have the responsibility to maintain the property. A tenant may also sign away their right to sue their landlord.
It is important to be aware that a landlord can accept partial rent and still evict a tenant. Both of the parties should be aware of what is in the lease agreement and carefully consider it.
Florida commercial landlord-tenant laws allow businesses to manage their own rights and include the rights they desire to have in their lease agreements. A commercial tenant may request the right to sublet or assign the lease to tenants acceptable to the landlord.
A tenant may require security services, landscaping services, and janitorial services. Operating expenses for maintenance requirements in common areas can also be addressed in a complete lease agreement.
A tenant may also be evicted if they stay beyond the end of the lease term specified in the lease agreement. These tenants are referred to as holdover tenants.
For example, if a lease provides that a tenancy is supposed to last for one year and the tenant is still on the property after one year has passed, the landlord can evict the tenant. A commercial lease may provide that a landlord may demand double rent for a holdover tenant.
A commercial lease agreement may impose obligations on a commercial tenant beyond the obligation to pay the required rent, such as:
For example, a tenant in a retail space in a mall may be required to have opening hours that match those of the mall. If a tenant fails to comply with non-monetary obligations under the commercial lease agreement, it may result in a breach, which, if not cured, will give the landlord the right to evict the tenant.
Even though the basic procedures for eviction are identical for both monetary and non-monetary breaches, a landlord may have additional obligations to fulfill before they are able to initiate an eviction proceeding for a breach that does not involve paying rent.
The majority of commercial leases provide for notice to be given to a tenant in the event of a breach of the lease for a reason other than non-payment of rent. These provisions typically prove that the tenant has to be given reasonable notice of the breach and then an opportunity to remedy the issues.
Landlords should review their commercial lease agreements to ensure that the actions of the tenant were prohibited and to confirm whether notice of a breach, as well as an opportunity to remedy, is required under the lease. The landlord is required to comply with any lease provision regarding the timing and type of notice of a breach that has to be provided to the tenant for non-monetary breaches.
If a lease does not include a provision for notice for non-monetary breaches, Florida law requires a landlord to provide 15 days written notice. This means that a tenant has 15 days to cure the breach.
A tenant may also give up possession of the property in order to avoid an eviction proceeding. If a tenant does not cure the breach or give up possession of the premises, a landlord can initiate an unlawful detainer action to evict the tenant.
Can a Landlord Break a Commercial Lease?
In Florida, a court will usually uphold the landlord’s termination of a lease that is based on monetary grounds as long as notice was served and the time to cure has expired. If one of the parties breaches a lease agreement, the other party may be able to terminate the lease.
Common examples of breaches include:
- Unpaid or late rent;
- Failure to provide agreed-upon services;
- Failure to perform proper maintenance.
How Long Does It Take to Evict a Commercial Tenant?
The eviction may not be contested, and the landlord is trying to get possession back from a tenant because of non-payment or holding over after the lease has ended; in general, it usually takes three to four weeks to complete the process.
If, however, the tenant contests the eviction, the process may take longer. The eviction process timing may vary depending on the facts and circumstances of the specific case.
Should I Consult a Lawyer About an Eviction?
If you have any issues, questions, or concerns regarding evicting a commercial tenant in Florida, it is important to consult with a Florida landlord-tenant lawyer. Commercial landlord-tenant laws can be technical and complicated.
The time frames that parties take action are fairly short. For example, a tenant only has five days to respond to a complaint for unlawful detainer. Your lawyer can review your commercial leases and ensure that your rights are protected under those leases.
If you are a tenant, your lawyer can help you understand your obligations and rights under your commercial lease. It is important to have a lawyer review any lease before you sign it, whether residential or commercial.
