Commercial Evictions are similar to Residential Evictions in the State of Florida. If a Tenant fails to pay rent, the Landlord can give them a 3 day notice to pay or vacate. If the Tenant fails to pay after the 3 days, the Landlord can file an Eviction against the Commercial Tenant.
The Tenant has 5 days to respond. If the Tenant believes they have defenses, they can respond and deposit the disputed amount into the Court Registry. At this time, the Court will likely set the case for mediation. If the case is not resolved, a Final Hearing will be set. As a result, the Judge will determine the final outcome of the Commercial Eviction.
If the Tenant fails to respond after 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 Florida and need to learn more about your rights, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552.