Commercial Eviction
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Commercial Eviction Attorneys
Owning commercial property deals with difficult tenants. It’s essential to move quickly and within the law to secure your investment when tenants fail to live up to the terms of their lease agreement. Bonardi & Uzdavinis Attorneys-at-Law has extensive experience in commercial evictions and real estate law. We offer the legal proficiency to guide you through Florida’s complicated commercial eviction procedures.
Defend Your Business and Investment
We have had decades of experience representing Tampa Bay landlords and are familiar with the intricacies of Florida commercial eviction law. Our attorneys can protect your business and property interests if you are threatened with eviction due to non-payment of rent or lease violations.
Commercial Eviction Processes in Florida
Florida legislation differentiates between commercial and residential evictions. Residential evictions may be stringent and necessitate tenant protection. Commercial evictions are more accommodating and are guided mostly by the lease. The lease agreement is the most significant factor in an eviction.
In Florida, the commercial eviction process generally involves the following steps:
- If a tenant has broken a lease agreement, one must issue them a written notice of the default and afford the tenant the chance to remedy the situation. The notice is issued to tenants in arrears in rent. They are provided with a few days to pay or leave.
- You can sue for eviction if the tenant refuses to comply. To initiate the legal process, you will need to file a formal complaint.
- The court will set an appearance after you have filed the complaint. You might be able to get a default judgment if the tenant does not appear in court or fails to defend himself/herself.
- If the court decides in your favor, you'll get Writs of Possessions that will enable the sheriff to evict the tenant.
- If the tenant still stays on the property, even after the court has ruled, law enforcement can step in and enforce the eviction.
Commercial Eviction Remedies
There are several choices available to landlords after they have made up their minds to evict tenants. They are:
Eviction and Damages
After you have evicted a tenant successfully, you may be able to recover damages and losses. Florida law requires landlords to try to mitigate damages and re-let the property.
Eviction Only
If the property is highly sought after, the landlord can opt to evict a tenant and waive any further claims of rent.
Eviction With Lease Cancellation
If the tenant breaches the terms of the lease agreement, you can cancel the contract too. You can take in a new tenant without having to pay any further compensation to the old tenant.
Commercial Eviction: Key Factors
Be cautious when seeking an eviction for business purposes. Remember these important points:
- Don't use Self-Help evictions: In Florida, taking matters into your own hands is against the law. For instance, lock changes or utility shutdowns can result in expensive fines.
- Lease Amendments: Be cognizant of the fact that you can amend the lease through your actions with tenants. Accepting payment of rent in arrears, for instance, can inadvertently alter the terms and conditions of the lease. This will provide the tenant with a defense to evictions in the future.
- Attorney's Fees: Florida law DOES NOT necessarily award attorney's fees to commercial property owners automatically. Insert a clause in your lease permitting attorney fees to be recovered if litigation occurs.
Why Hire an Attorney for Commercial Evictions?
It may be costly and time-consuming to deal with a commercial eviction on your own. You may make errors without an attorney that can extend the process, or worse, result in you losing. You should employ an attorney who is experienced in the commercial landlord-tenant dispute laws of Florida and has extensive knowledge about the eviction law of Florida.
We can assist you:
- Review and Analyze Your Lease Agreement: We will have your lease agreement reviewed to ensure that all provisions are enforceable and that your right to eviction is as it should be under the law.
- Advice on Potential Defenses: The tenant can claim that the eviction was unlawful. It is important to consider any potential defenses and reply accordingly.
- Recover Damages: In addition to evicting the tenant, you may be able to recover damages and other monetary losses. We can assist you in recovering damages.
- Florida Law Compliance: Florida’s intricate commercial eviction process can result in your case being delayed or derailed. Our Attorneys will guide you through the whole process and ensure you meet all legal stipulations.
Contact Bonardi & Uzdavinis Attorneys at Law Today
Bonardi & Uzdavinis Attorneys-at-Law can assist you if you are a Tampa commercial landlord and you require help with an eviction. Our staff of experienced Attorneys can assist you through the whole process to make sure that your rights and investment are protected.
Call now at 813-540-2019 to schedule a free consultation with a skilled commercial eviction attorney. We can assist you in comprehending the Florida commercial eviction law and defending your interests.
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