Can a Commercial Landlord use self-help to remove a Commercial Tenant

Florida Commercial Landlords must be careful before changing the locks prior to the termination of a lease. They may be subject to damages if they engage in Self-Help activity. Therefore, if you have questions about a Florida Commercial Landlord’s use of Self-Help, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.

Florida Commercial Landlord’s Use of Self-Help is Prohibited

Florida prohibits Commercial Landlords from changing the locks or taking actions that prevent them from entering.  If they do not have proof that the Tenant vacated or abandoned, they should not engage in Self-Help.
If a Commercial Landlord takes action to prevent access, they may be liable for damages.  This can include loss of business that occurred as a result of the self-help actions.  If the Court determines that the Tenant suffered economic damage, the Commercial Landlord may be responsible for a substantial amount of money.    Therefore, it is important that they only take possession when permitted by Statute.

When Can a Florida Commercial Landlord Evict a Commercial Tenant?

There are three ways that they can retake the property.

(1) Eviction

If they fail to pay rent or violated a non-monetary provision of the lease, a Commercial Landlord can serve them Notice.  If they still do not comply, they can file an Eviction.  As a result, the Sheriff will be able secure the property after it is completed.

(2) Tenant surrenders

If they bring the keys to the Commercial Landlord and inform them in writing that no longer will use the Premises, they can take possession.

(3) Tenant abandons

(a) Reasonable belief that they have been absent for 30 consecutive days.  This can be shown by:

  • They have not been seen at the property
  • They turned the Utilities off.
  • Commercial Landlord has not had any contact with them.  This includes attempting to reach them via telephone and email.

(b) They are not current with rent.

(c) The Landlord has served notice in accordance with 83.20(2) and 10 days have elapsed.  For example, they may give a 3 Day notice for failure to pay rent or a 15 day notice to cure a monetary violation. 

If you have questions about a Florida Commercial Landlord’s use of Self-Help, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.