Commercial Tenant

How do I Evict Commercial Tenant in Broward?

Like Residential Evictions, the Florida Commercial Eviction Process can be straightforward. Landlords must follow Florida Statute 83 to Evict Commercial Tenant in Broward County, Florida.  If a Tenant does not pay rent, they receive a 3 day notice. As a result, they pay the past due rent or vacate the property.  However, if neither occurs, the Landlord can file an Eviction Complaint against them. The Tenant then has 5 days to respond.

If the response does not allege any legal grounds, a Commercial Landlord can file a Motion to Strike.  If it is granted, a Judgment will then be entered.  The Clerk of Court then signs a Writ of Possession and sends it to the Sheriff. They will then post a twenty-four (24) hour notice on the Commercial Tenant’s door.  Unless they have any legal grounds, they will be unable to contest the Writ.  The Commercial Eviction Process can take four to five weeks.

A Commercial Landlord can also remove a Commercial Tenant for non-monetary reasons.  This process takes longer as there are more requirements that a Commercial Landlord must follow before they can file the Eviction.  Regardless of the type of Eviction, a Commercial Landlord must hire a Lawyer to represent them in the process.  This should be done prior to starting the case.

Commercial Landlords can sue for past rent. 

In the Complaint to remove the Tenant, the Landlord can include a count for past rent. As a result, they can obtain a Judgment for the amount that is owed to them.   This allows the Landlord the right to attempt to collect.  This can take time.  However, if the Tenant is employed or has bank accounts, the chances of recovering increase. Our office stresses to Landlords that they should always include a Personal Guaranty on their lease.  In other words, if the Company goes out of business, they still can go after the individual that signed the Guarantee. A Commercial Landlord should make sure that they have the home address of the Guarantor at the time they sign the lease. The more information that that they have about the Guarantor gives them a greater opportunity to recover the past due rent.

If you need to evict Commercial Tenant in Broward County, Florida, contact our office at (954) 990-7552.  We will educate you about your rights as well as the Commercial Eviction Process.