Gainesville Real Estate Attorney for Commercial Evictions
Dealing with tenant matters when you own commercial real estate in Florida is part of the process of doing business. Commercial real estate can be an extremely profitable business in central Florida. However, when problems arise with tenants, owning commercial property can be a headache, especially when tenants refuse to pay rent, and you are losing money each day.
Our Gainesville commercial real estate attorneys can help you evict a non-paying tenant efficiently and quickly through a commercial eviction. Call (888) 316-2131 to discuss your options for evicting a non—paying tenant from your commercial development.
What Happens During a Gainesville Commercial Real Estate Eviction?
In some cases, a tenant may voluntarily choose to vacate the premises if the tenant is behind on lease or rent payments. However, if your tenant refuses to leave and refuses to pay rent, what are your options. You can file a commercial eviction through the Gainesville court system to legally force the tenant to vacate the premises.
However, the eviction process can be complex when you are dealing with Florida's landlord-tenant laws. We recommend that you consult with an Gainesville real estate attorney to learn about the commercial eviction process so that you do not make a costly and time-consuming mistake that could favor the tenant.
In general, a commercial eviction in Gainesville includes the following steps:
- Official Notice to the Tenant — You must provide your tenant with official notice of your intent to proceed with an eviction action. For non-payment of rent, the official notice must provide the tenant with at least three days' notice before you file the eviction action. For other breaches of contract, a commercial tenant may be entitled to 15 days' notice before you take any further action.
- File the Eviction Action — If the tenant does not remedy the breach by paying all past due rent with any fees provided for under the rental agreement, you can proceed to file the eviction action with the court after the three-day deadline expires. The unlawful detainer complaint asks the court to issue an eviction order requiring the tenant to vacate the premises. The complaint must be served on the tenant after it is filed with the court. Commercial tenants have five days to respond to the complaint before you can proceed with a default order.
- Potential Counterclaims — Your tenant has the right to respond to the unlawful detainer complaint alleging a variety of causes of action. As the landlord, you can respond to the claims in the tenant's objection. If the tenant does not respond, the matter will be scheduled for a hearing before a judge. However, the tenant may also agree to settle the matter before a hearing is scheduled.
- Court Ordered Eviction — If the tenant in a commercial building refuses to vacate, refuses to pay rent, or fails to respond to your complaint, the judge should grant your petition for commercial eviction.
In most cases, the judge awards the landlord a monetary judgment against the tenant for unpaid rent and expenses of the commercial eviction action. However, landlords rarely collect on these judgments, but there may be options available for collection actions. Your Gainesville commercial real estate attorney can explain these options after the eviction order is entered. In many cases, the landlord is content with evicting the tenant, so he can enter a new lease for the commercial property with another tenant to begin realizing a profit on the property once again.
What Happens if My Tenant Vacates the Building Without Paying Rent?
In some cases, a tenant will breach the lease or rental agreement by not paying rent and move out of the leased premises voluntarily. When a tenant leaves before a lease has expired, the landlord has several options available regarding the commercial property:
- The landlord can resume possession of the commercial property for the landlord's use or benefit; or,
- The landlord may assume possession of the property and enter a lease agreement with a new tenant.
In either situation, the landlord has the right to pursue legal action against the tenant for losses sustained from the breach of contract. Even though the tenant voluntarily vacated the commercial property, the tenant is still legally liable for the rent, expenses, and losses sustained by the commercial property owner because of the breach of contract.
In some cases, it may cost more to pursue a monetary judgment that may or may not be collectible. Consulting with an Gainesville commercial real estate attorney should be one of the first steps you take if your tenant breaches a rental or lease agreement.
Gainesville Commercial Real Estate Lawyers
Our real estate attorneys in Gainesville handle a variety of matters related to commercial property, including commercial evictions. Call (888) 316-2131 to discuss your options for evicting a commercial tenant with our Gainesville real estate lawyer.