If you rent out a commercial building in Florida and need to evict your tenant, there’s a specific process you’ll need to follow. If you don’t take these steps, your tenant could have a legal claim against you. Here’s what you need to know and how a Florida commercial real estate attorney can help. 

Step 1: Issue A Warning 

For evictions due to nonpayment of rent, you’ll need to issue a written warning first. Make sure you do this at least 3 days in advance of their eviction date.

For other types of evictions, landlords need to warn their tenants at least 15 days ahead of time.   

Step 2: File A Complaint For Possession Of Your Property 

Ideally, your tenant is able to vacate your property on the date of their eviction. If this doesn’t happen, you can file a complaint for possession with the court. The tenant must be properly served the complaint and has up to 5 days to respond.   

Step 3: Respond To Any Counterclaims 

Then, your commercial tenant can make a counterclaim against you. If they deny the reason for the eviction or claim that they have a right to continue using the property, they can file a response with the court. 

Be prepared to go back and forth with your tenant for a while before a court hearing is scheduled. 

Step 4: Attend Your Court Hearing 

Finally, you’ll make your case in court as to why your tenant should be evicted. They will also argue their side. After all the evidence is reviewed, the judge will issue a verdict. The judge may rule in your favor and force the tenant to leave, or they could rule in favor of your tenant and give them more time to get moved out. 

Usually, judges in Florida side with landlords unless they clearly violated their contract with the tenant and caused damages as a result.  

Call Feinstein Real Estate Litigation & Business Law 

Evicting a commercial tenant in Florida is complicated. You need reliable legal counsel and advocacy you can trust. At Feinstein Real Estate Litigation and Business Law, we’ll fight for an outcome in your company’s best interests. We’ll apply our robust skills and experience to make sure your commercial property eviction goes smoothly.

Contact Feinstein Real Estate Litigation and Business Law now for a consultation by dialing 954-767-9662.