Leasing commercial real estate properties to businesses is a lucrative way to maintain a passive source of income. However, investors should know that managing these commercial properties comes with unique challenges. One hiccup owners may face is tenants who refuse to pay their rent.
In such a predicament, it’s natural to want to evict these tenants to make room for more cooperative tenants. For owners considering eviction, it’s crucial to understand the right procedure they should follow. This way, entrepreneurs can avoid any allegations of tenant rights violations.
Commercial eviction in Florida
The Sunshine State requires landlords to provide uncooperative tenants with a written notice before evicting them. The notice should:
- Outline why the tenant is facing eviction
- Provide the tenant with an amnesty period to rectify the problem
- State that failure to comply with the landlord’s demands will result in eviction
Landlords should remember that the three-day notice does not include weekends or legal holidays. Additionally, they should deliver the notice in person or by mail to avoid allegations of improper service of documents.
Why might a tenant challenge an eviction?
Suppose a landlord for a commercial real estate property doesn’t follow the right eviction procedure; the evicted tenant may challenge the eviction. The tenant can allege that the landlord violated their rights by failing to follow proper procedures. Common allegations that landlords may face in these circumstances include:
- Failing to notify the tenant before eviction
- Improper service of legal documents
- Evicting the tenant in retaliation
- Evicting the tenant due to discriminating
- Beaching the tenant’s rights as outlined in their lease agreement
Such allegations can significantly complicate what should have been a straightforward eviction process. The delays that result from addressing any legal backlash can result in significant losses for the landlord. Through real estate litigation, the landlord can have assistance:
- Assessing the situation
- Helping to ensure compliance with Florida law
- Arguing their defense in court
Therefore, landlords experiencing these legal challenges can benefit from engaging seasoned legal guidance.
Florida landlords should make sure they’re familiar with the multi-step procedure before evicting a commercial tenant for non-payment of rent. That said, all hope is not lost for landlords already facing legal challenges because they missed a few steps when evicting a tenant. With seasoned legal guidance, they can salvage the situation and be prepared for the next time they want to evict an uncooperative tenant.