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Evicting Commercial Tenants. Eviction steps, Eviction forms. Timeline. How long does an eviction take? Dade, Broward, Palm Beach, Florida. Non-payment of rent, breach of lease, termination of tenancy

Commercial

In Florida, non-residential (commercial)  tenancies are controlled by Florida Statutes Chapter 83, Part I.

The landlord is required to file an eviction in Court in order to remove a tenant. 

Before an eviction may be filed,  the landlord must terminate the tenancy.   Different types of violations of the lease require the issuance of different notices in order to terminate the tenancy.  It is the notice that terminates the tenancy.  

There are three main reasons to evict a tenant.

  1. Non-payment of rent

  2. Breach of the lease terms

  3. Holding over after the tenancy has ended.

All of the forms are available on the page Landlords/Forms/Legal.    Be sure to read the instructions for the proper use of the forms

NON-PAYMENT OF RENT

Post a 3-day notice conspicuously at the leased premises.  If the tenant does not deliver the rent money in full to the landlord’s address by the expiration date on the notice  the rental agreement  is  deemed terminated and the landlord may file for eviction in court on the next business day. 

Procedure

  • Issue a 3 day notice

  • Did tenant offer payment within the 3 days ?

    • Yes: Full payment tendered in certified funds:  Tenancy not terminated

    • No. File the eviction the next business day.

    • Partial Payment: 

      • Landlord may reject a partial payment and proceed to evict, 

      • or accept partial payment and issue a new 3-day for the balance due,

      • or file an eviction and deposit the partial payment in the court registry  

LEASE VIOLATION

If the tenant is violating the lease terms the landlord must serve a 15 day notice  of lease violation.  If the violation is not cured by the expiration of the notice,  the landlord may file a complaint for possession and damages without further notices.

HOLDOVER

Lease: 

If  there is a written lease,  the tenant is supposed to move out and the end of the lease,  otherwise the tenant becomes a “tenant at sufferance”  or a “holdover tenant.”  No notice is required.  The landlord may file a complaint for possession and damages the next business day. You must notify tenant you are claiming double rent in order to sue for it.

No Lease: 

If there is no lease,  the rental period is determined by the period  the tenant pays rent for.  I.e. if the tenant pays for a month’s rent,  the tenant is month to month.   The lease keeps renewing automatically until either the landlord or the tenant serves a notice of non-renewal.  The notice must be given   fifteen days before the  end of a given monthly rental period for month to month.  The landlord may file a complaint for possession and damages the next business day after the termination of the rental period,  the notice must be attached to the complaint.

Procedure

  • Issue Notice of Non-renewal (15 day notice, 7 day notice for week to week).

    • Tenant moved out: case closed

    • Tenant in still possession:  file complaint for possession & double per diem rent.

  • Lease expired on its own terms:  no notice is required.  File complaint for possession & double per diem rent