When a company does not own a property to conduct business, the most common alternative is to rent proper premises where the business can operate. In Florida, commercial zones are more limited than residential areas in terms of space, which results in stricter zoning laws.
In this article, you will discover how long it takes to evict a business under a Florida commercial lease.
Commercial Lease Agreement Florida – The Basics
Also referred to as a “business lease” or “commercial property lease,” a commercial lease agreement is a legally binding contract signed between a landlord (lessor) and a tenant (lessee).
The document must outline all the terms and conditions of the lease, as well as each party’s rights and obligations under the contract. Compared to residential leases, business leases are far more rigid and risky.
Failing to comply with the requirements of a business lease may incur a breach of contract, which will likely result in stressful legal disputes and hefty fines.
How Long Does it Take to Evict a Business in Florida? – Full Walkthrough
In a commercial property lease, the lessor cannot evict a lessee without a feasible reason. The reasons to evict a tenant of a commercial property in Florida often fall under two categories – monetary grounds and non-monetary grounds.
Monetary grounds include a failure to meet financial obligations under the contract, such as paying the agreed-upon amount of rent. Non-monetary grounds refer to materially breaching a material obligation under the contract, such as failing to provide maintenance on the leased premises.
The most common grounds for eviction in commercial leases are monetary grounds, especially the tenant’s voluntary failure to pay the rent. In such cases, the commercial landlord (lessor) must provide proper notice at least three days before commencing the procedures for eviction.
Other reasons not related to the payment of rent generally require a 15-day notice. The notice must be hand-delivered at the tenant’s place of business or left at the business’s premises if the tenant is not present during the delivery.
The next steps depend on the provisions of the commercial property lease, which shows the importance of being aware of each detail and caveat in the document. Once the notice period is over, the lessor can file an unlawful detainer complaint in court, which must be served to the lessee.
The lessee must respond to the complaint within five days. If he or she fails to meet this deadline, the lessor can seek a default judgment. If the lessee files a counterclaim, the landlord has five days to respond as well.
Within a few weeks, the court responsible for the case will meet with both parties to find a solution. If the parties involved cannot settle the matter, the court must decide the outcome of the case.
Even though some eviction cases can go through a jury trial, the outcome of most cases is determined by a judge.
Florida Commercial Property Eviction – Immediately Contact Attorney Romy B. Jurado
The complexity of commercial leases requires a superior level of legal expertise. Contact Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing Romy@juradolawfirm.com for an individual consultation.