Commercial Evictions are similar to Residential. If a Tenant fails to pay rent, the Landlord gives them a 3 day notice. If they still fail to pay, they can file an Eviction. Regardless of the reason, they must comply with the Process.
83.20 also provides for Removal of Tenants that remain after the lease terminates or fail to cure violations. While it is true that most leases state that upon any of these occurrences, a Landlord is entitled to possession, Self-Help evictions are prohibited. Therefore, it is important that they proceed with the filing of the lawsuit and obtain a Court order.
What Happens if a Tenant Responds?
If they have defenses, they can respond and deposit the disputed amount into the Registry. In addition, they can file a Motion for the Court to determine the amount owed. Thereafter, the case will be set for mediation. If it is not settled, a Hearing will be scheduled. As a result, the Judge will determine the outcome.
What happens if they fail to respond?
The Landlord can file a Motion for Default. After it is entered, they can file a Motion for Final Default Judgment of Eviction. As a result, the Clerk will sign the Writ of Possession. This allows the Sheriff to post a twenty-four hour notice on the Tenant’s Door.
If you need to learn more about the Commercial Eviction Process in Florida, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.