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Landlord Rights During Commercial Leasing Disputes

At Lesak Legal, I have worked extensively with landlords and businesses across Florida to find practical solutions to difficult commercial leasing issues. When you are involved in a dispute with a business tenant, you need reliable and hands-on representation to ensure your rights are protected.

There are many things that can go wrong in a commercial leasing agreement. Depending on the situation and the terms of your lease, landlords have several legal avenues available when seeking a resolution.

Unpaid Rent

When a commercial tenant fails to pay their rent in Florida, landlords may be able to seek a lien against a tenant to help cover these costs. By filing a distress for rent complaint, landlords may receive permission to seize their tenants assets. This can include property that is held on the leased premises, as well as other property the tenant owns – although this does exclude any “beds, bedclothes and wearing apparel” belonging to the tenant.

Additionally, a landlord may pursue an eviction of the tenant. In this case, the landlord must provide a 3-day notice to give the tenant a final opportunity to pay their rent. If payment is not received at the end of the three days, they may file for eviction the next day.

Holdover Tenants

When the lease ends, a tenant must typically vacate the premises unless another agreement is made. Landlords may choose to allow the tenant to occupy the space, with payments continuing on a monthly basis. Landlords also have the right to demand double rent for tenants who hold over after the lease expires, given they provide notice to the tenant. Alternatively, the landlord may file a complaint for possession to evict the tenant if they remain on the premises after the lease expires or is terminated.

Commercial Evictions

A commercial eviction may be initiated for unpaid rent, holdover tenancy and for the breach of commercial lease terms. Landlords must follow specific legal rules for initiating the eviction. For example, a landlord must always provide notice to the tenant before beginning the process – three days in advance for nonpayment, and 15 days in advance for breaches of the lease contract. A tenant will have the opportunity to file a counterclaim, at which point the case may go to court.

If the tenant fails to take corrective action or respond to your notice, you may begin the eviction process. Once approved, the tenant will have five days to vacate the premises.

Reliable And Practical Guidance For Florida Landlords

Commercial leasing disputes can be costly and time-consuming for a landlord to resolve on their own. At Lesak Legal, I work with clients to find the most effective path forward to protect their rights and secure their properties. Trust a real estate attorney with proven experience – call my Jacksonville office today at 904-901-4750 or contact me online to set up an appointment.