Owning commercial real estate in Florida does not come without its own set of problems. Commercial tenants can still fail to pay rent or refuse to vacate the property. Evicting a tenant can seem counterproductive for profit but may be necessary in some cases, such as failure to pay rent continuously or breach of contract. There are four necessary steps to take when a tenant refuses to leave.
An official warning is the first step in any eviction process. Depending on the violation and contract present, you will have to give notice to tenants before eviction. If a tenant has failed to pay rent, you must provide them with a minimum of three days’ notice before the actual eviction. For other issues, the minimum notice period is typically 15 days, but you will need to refer to your contract to make things clear.
After the notice has expired, if the tenant will not vacate the property, as the owner, you can file an unlawful detainer complaint with a court for a court-ordered eviction. The tenant then has three to five days to respond.
However, the tenant has the right to file an objection. Sometimes tenants will settle the issue with landlords before going to court, but a judge can often hear these cases.
Court settlements allow a judge to hear these eviction cases. A judge will review the evidence at hand from both sides and enter a ruling. Without a valid and legal reason for a tenant to breach the contract, cases will rule in favor of the landlord.
If problems persist, more legal action may be required to settle a case fully.
Attorneys at Alverez & Dia-Silveira are experienced in representing clients across a range of commercial real estate industries. If you need a real estate lawyer, please call us at 305.740.1940.