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Understanding Florida’s commercial eviction process

On Behalf of | Jul 25, 2022 | Uncategorized

Owning commercial property in Florida is a great way to make some extra money. Selecting and maintaining strong relationships with your tenants is important.

Good tenants pay their rent on time and take care of your property. Unfortunately, the reality is that sometimes you may find yourself needing to evict a tenant.

Perhaps a tenant has fallen behind in paying the rent or violated a term of your lease. For minor violations, you could try giving them a warning first and try to salvage the relationship, but for major violations, such as committing criminal activity on your property, you may want to evict.

You must provide proper notice

The commercial eviction process in Florida has several requirements and steps that must be followed. Florida law states that you must give notice to your tenant before beginning the eviction process. The amount of notice is tied to the reason for the eviction.

Evictions for nonpayment of rent require only 3 business days’ notice. If you are evicting for another reason, such as breach of a lease term, you must give 15 days’ notice.

Your tenant can try to fix the problem during the notice period, such as paying you the outstanding rent or taking action to correct the breach. If they do not, once the notice has expired, you may file your eviction complaint.

The eviction hearing

Your tenant has the right to respond to the complaint, and if you cannot reach a resolution, you will have a hearing. If you win at the hearing, your tenant will have a final 5 days to vacate your property. You may use a sheriff to lock them out of your property after that if they refuse to leave.

The eviction process is never pleasant, and most commercial landlords would prefer to never have to go through it. Many situations can be resolved. Your tenant can agree to leave, or you may agree to new tenancy terms.

When eviction is your best option, knowing the process is essential. If you miss a step, you may have to start the process all over, costing you time and money. It might help to speak with an attorney before starting the commercial eviction process.