Commercial landlords sometimes need to recover possession because a tenant has stopped paying rent, violated the lease, or remained in the premises after the lease has expired or been terminated.
Commercial eviction cases are different from residential evictions. The written lease is especially important because it may establish the tenant's obligations, events of default, notice requirements, cure periods, and remedies available to the landlord.
John B. Trawick, PLLC represents commercial landlords and property owners in Escambia and Santa Rosa Counties in appropriate eviction and possession matters.
Commercial Eviction for Nonpayment of Rent
When a commercial tenant fails to pay rent as required by the lease, Florida law generally requires written notice demanding payment of the rent or possession of the premises before an eviction action may be filed.
Before proceeding, we review the lease, the payment history, and any notices or communications with the tenant to determine the appropriate next step.
Other Commercial Lease Defaults
A commercial tenant may also default by violating obligations other than the payment of rent. Depending upon the lease and the nature of the default, these may include failure to maintain required insurance, unauthorized use of the premises, failure to maintain the property, or other material breaches of the lease.
The notice required for a non-rent default may depend heavily upon the language of the commercial lease. For that reason, the lease should be reviewed before a notice of termination or demand for possession is served.
Holdover Commercial Tenants
A landlord may also need to recover possession when a commercial tenant remains in the premises after the lease term has expired or after the tenancy has otherwise been properly terminated.
We can review the lease and the circumstances surrounding the termination of the tenancy and determine the appropriate procedure for recovering possession.
Why the Commercial Lease Matters
Commercial leases vary considerably. Notice provisions, default provisions, cure periods, renewal options, rent obligations, guaranties, and other terms can affect how the landlord should proceed.
Using the wrong notice or failing to follow the lease can delay recovery of the property and create unnecessary disputes. Reviewing the lease before filing allows us to identify those issues at the outset.
Need to Recover Your Commercial Property?
Send us the commercial lease, any notices or default letters that have already been served, and a brief description of the problem.
We can review the circumstances and determine the appropriate next step. Because commercial leases and disputes vary substantially, fees for commercial eviction matters are determined after review of the lease and the particular circumstances.