Commercial Evictions are very similar to Residential Evictions in the State of Florida. If a Tenant fails to pay rent to the Landlord when it is due, the Landlord can give the Tenant a three (3) day notice to either pay rent or vacate the property. If the Tenant fails to pay rent after the three (3) day period expires, the Landlord can file a Eviction against the Commercial Tenant.
Upon being served with an Eviction Complaint, the Tenant has five (5) business days to respond to the Eviction Complaint. If the Tenant believes they have defenses to the Eviction Complaint, the Tenant will file a Response to the Eviction Complaint as well as deposit the disputed amount of rent into the Court Registry. At this time, the Court will likely set the case for mediation and allow the Tenant the opportunity to resolve the case with the Landlord. If the case is not resolved at mediation, the case will be set for a Final Hearing wherein the Judge will determine the final outcome of the Commercial Eviction.
If the Tenant fails to respond to the Complaint after five (5) days, the Landlord can file a Motion for Default with the Clerk. After a default is entered, the Landlord can then file a Motion for Final Default Judgment of Eviction. If the Judge grants the Landlord’s Motion for Final Default Judgment of Eviction, the Judge will then direct the Clerk to sign the Writ of Possession. A Writ of Possession is a document that the Clerk signs that allows the Sheriff to post a twenty-four hour notice on the Commercial Tenant’s Door.
If you are a Commercial Landlord or a Commercial Tenant in the State of Florida and need to learn more about your rights, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552.