Naples, Florida, Rent Payment Disputes Attorney
While the process of evicting a business for nonpayment of rent is relatively straightforward in Florida, there are important issues to consider before you begin. You need to provide certain documentation and meet specific statutory deadlines. Furthermore, the law offers tenants certain protections, and you must make sure that you have given them sufficient time to correct issues before an eviction action. Assistance in commercial evictions from a skilled lawyer can help landlords quickly recover from a bad tenant and swiftly put their business property to a profitable use.
I'm Christopher Mast, a Naples, Florida, commercial and business law attorney representing commercial property owners and residential investors renting condominiums in Collier, Lee and Hendry counties of southwest Florida. I offer experienced legal advice in a free consultation to give you more information about resolving legal matters involving:
- Unpaid rental disputes: failure to pay full amount on time or outstanding payments
- Lease disputes: assignments, nuisance claims and destruction of premises
- Failure to maintain property: access, safety or abandonment
- Premises use violations: non-commercial or non-residential usage
- Other monetary and non-monetary lease violations
Commercial evictions for nonpayment of rent
In Florida, commercial evictions for failing to pay rent can occur under oral or written leases. However, property owners must pay strict attention to statutes requiring certain conditions that must be met before filing an eviction action. They must first send a notice requiring payment or tender of possession of the premises. Delivery and documentation details must also be properly addressed.
Tenants then statutorily have a three-day period in which to respond, which doesn't include the day of notice, weekends or holidays. When all is said and done, an eviction action can take anywhere from two weeks to a month, depending on the timing of filing, payment demands and responses. If there is no response from the tenant, however, a judge will generally issue a final judgment for eviction, the sheriff will post the writ of possession and the tenant may be removed thereafter.
Likewise, an important decision must be made on whether to pursue a former tenant for damages. Florida law permits a bifurcated lawsuit against tenants; the first is strictly an eviction claim, and the second is a damages claim, but with differing time limits for responses.
Non-monetary commercial evictions
Evictions for non-monetary causes such as a violation of a lease provision proceed in a similar fashion although the period to cure or face eviction can vary drastically depending on the lease. Non-monetary reasons for eviction that are clearly defined in a lease can allow eviction to proceed in a timely manner. When a lease does not address a specific problem, landlords must legally put the tenants on notice and then provide them with fifteen days to resolve the issue before taking further action.
Commercial evictions must be done pursuant to provisions set forth in Florida law, otherwise landlords could be held liable for wrongful eviction. As with all my small business services, I can help ensure your commercial eviction proceeds smoothly, efficiently and by the book.
Free attorney consultation
To achieve the right outcome with your commercial eviction or other business needs, it's important to choose an attorney who knows the processes and all the details for ensuring success. I offer a free initial consultation so you can learn more about me and I can learn more about your situation.
