The Florida Commercial Eviction Process is not always straight forward. Therefore, it is important to speak to a South Florida Commercial Eviction Attorney. For representation and Eviction tips for South Florida Commercial Landlords, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Eviction Tips for South Florida Commercial Landlords
1. Proper Notice
Like any Commercial Eviction, you must give a Tenant notice before filing. For example, if you are Evicting for Non-Payment, you must give them a 3 day notice. In other words, they have three days to pay or vacate the property. The Notice needs to include the following:
- Title of Notice
- Name and Address of Tenant
- Amount of Rent owed
- The Date that past rent is due
- Where payment should be made
- The person that served the Notice
- The Time notice was served
If a Tenant pays a Commercial Landlord rent during the 3 day Notice period, the Eviction cannot proceed. On the other hand, if the Eviction is for Non-Monetary reasons, the Notice will appear differently. For example, if the Commercial Tenant fails to cure a violation that is unrelated to payment, they will be given a 15 days notice to Cure. This Notice must include the following:
- Title of Notice
- Address of Tenant
- Explanation of the Violation
- Time period that the Tenant must cure the Violation
- The penalty if the Violation is not cured within 15 days
2. Do Not Accept Rent After Eviction is Filed
If the South Florida Commercial Landlord files an Eviction for Non-Payment, the Tenant must deposit the past due rent into the Court Registry. At no time should they accept it directly from the Tenant during an Eviction. Accordingly, if the Tenant is contesting the amount of owed rent, they still must deposit the disputed amount. In addition, they are required to file a Motion contesting the amount that is being sought. It is important to note that if a Tenant fails to deposit rent into the Registry, they waive all defenses. As a result, a Default will be entered by the Court. On the other hand, if the Commercial Landlord accepts rent during the Eviction, they need to inform the Court that the Tenant paid them. If they fail to do so, it can negatively impact their case as the Court will determine that they are not disclosing all facts.
3. Include Personal Guaranty
If you entered into a Commercial Lease with a Tenant, there is a good chance that you included a Personal Guarantee. In other words, an individual signed the lease personally guaranteeing payment to the Landlord if the Company is unable to pay. This is to protect the Landlord. If the Tenant goes out of business or does not have any funds, the Commercial Landlord can try to collect on the Personal Guarantee. Failure to include them in the Complaint will prevent the Landlord from obtaining a Judgment for past due rent. While it does not prevent them from filing a separate lawsuit, it is more efficient to include them as a party to the Complaint.
4. Include Past Due Rent
Some South Florida Commercial Landlords file Evictions without suing for past due rent. Past due rent is also known as damages and can be included as a second count. Unlike an Eviction, a Commercial Tenant has twenty days to respond to the damages count. The advantage of including damages is that it allows the Commercial Landlord to remove the Tenant and obtain a money judgment against them. Once it is recorded, they can try and collect from the Tenant.
5. Hire a South Florida Commercial Eviction Lawyer
A Florida Corporation must be represented by an Attorney during a lawsuit. If a Commercial Landlord is a Company and attempts to bring an Eviction without representation, the Court will stop the case and order them to hire a Lawyer. While this can be frustrating, it is the law. Therefore, before filing an Commercial Eviction, you should hire a Lawyer. This will not only save you time, you will also be reassured that your case is being handled by a Professional.
South Florida Commercial Landlords should avoid filing their own Evictions. Without the necessary experience required to handle the removal of the Commercial Tenant, it is important that you seek the advice of a South Florida Commercial Eviction Lawyer. The Law Office of Brian P. Kowal, PA not only provides Eviction Tips for South Florida Commercial Landlords, we aggressively represent them. Contact our office at (954) 990-7552 to learn about your rights.