When a commercial tenant fails to meet the terms of a lease, a landlord may need to take legal action to protect the property and address the default. Kearney Law helps clients understand their legal options when dealing with real estate matters. A commercial eviction in Florida involves more than simply asking a tenant to leave. Landlords generally must follow the terms of the lease, applicable Florida law, and required court procedures before they can recover possession of the property.
For commercial property owners in Tampa and throughout the Tampa Bay area, understanding what can happen after a tenant defaults can help them make informed decisions. The type of default, the language of the lease, applicable notice requirements, and the tenant’s response can all affect how the matter proceeds.
Key Takeaways
- A commercial lease should be reviewed before taking action against a tenant.
- Nonpayment of rent and other lease violations may involve different notice requirements.
- Florida law establishes procedures for removing tenants from nonresidential properties.
- A landlord may need to file an eviction action if the tenant does not surrender the property after the applicable notice period.
- An eviction case may involve possession of the property and, when properly requested, certain amounts owed under the lease.
- Landlords should be careful when accepting payments or taking other actions after a tenant defaults.
- Legal guidance can help property owners understand their rights and obligations during a commercial eviction.
What Counts as a Commercial Tenant Default?
A commercial tenant default occurs when the tenant fails to comply with an obligation under the lease. Failing to pay rent is one of the most common examples, but a default can involve other lease requirements.
Depending on the terms of the commercial lease, a default could involve:
- Failure to pay rent or other required charges
- Unauthorized use of the property
- Violation of operating requirements
- Failure to maintain required insurance
- Unauthorized alterations to the property
- Violating assignment or subleasing provisions
- Failing to correct another lease violation
The lease is an important starting point because it may establish procedures for defaults, notices, opportunities to cure, and available remedies. Florida law also provides specific procedures for removing tenants from nonresidential properties.
Because commercial leases can contain detailed provisions, landlords should review the specific agreement before deciding how to respond to a tenant default.
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What Happens After a Commercial Tenant Defaults?
The first step is generally to determine what obligation the tenant failed to meet and what the lease says about that particular default.
A landlord may need to review the commercial lease, payment records, notices, correspondence, and other relevant documents. This can help establish whether a default occurred and what rights or remedies may be available.
The appropriate response can depend on whether the problem involves unpaid rent, another lease violation, or a tenant remaining in possession after the lease has ended.
The Landlord May Need to Provide Notice
Florida law establishes specific requirements for removing tenants from nonresidential premises.
For certain rent defaults, Florida law provides a three-day notice period requiring the tenant to pay the rent due or surrender possession of the premises. Other types of breaches may involve different notice requirements.
For example, when a material breach other than nonpayment of rent occurs and the lease does not address the situation, Florida law provides a 15-day written notice requiring the tenant to cure the breach or surrender possession.
The terms of the commercial lease also matter. A lease may contain provisions addressing defaults, notices, cure periods, and remedies. As a result, landlords should not assume that every commercial eviction follows the same timeline or procedure.
What If the Tenant Pays the Past-Due Rent?
A tenant’s attempt to pay overdue rent can affect an eviction matter.
Accepting rent after a default may have legal consequences, depending on the circumstances and the basis for the eviction. Florida law addresses situations involving acceptance of rent after a landlord has knowledge of the tenant’s nonpayment.
For that reason, landlords should consider the potential legal effect before accepting payment when an eviction is being considered or is already underway.
The same principle applies to other actions that could potentially affect the landlord’s rights under the lease. When there is uncertainty, reviewing the situation with a real estate attorney can help the landlord determine an appropriate course of action.
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What If the Tenant Does Not Leave?
If the tenant does not cure the default or surrender the property after the applicable notice period, the landlord may need to pursue a court action to recover possession.
A commercial eviction is a legal proceeding. The landlord generally must file the appropriate documents, properly serve the tenant, and establish the legal basis for seeking possession.
The tenant may respond to the lawsuit and raise defenses or other issues. This means that sending a notice does not automatically result in the tenant being removed from the property.
If the landlord prevails, the court may enter a judgment awarding possession of the premises. Depending on the circumstances and what has been properly requested, the landlord may also be able to pursue certain monetary amounts owed under the lease, along with costs or attorney’s fees when authorized.
Can a Landlord Recover Unpaid Rent?
Possession of the property and recovery of money owed are related but separate issues.
A landlord may have a claim for unpaid rent or other amounts due under the commercial lease. Whether those amounts can be recovered, and how they should be pursued, depends on the lease, the facts surrounding the default, and applicable law.
Commercial leases may also contain provisions addressing late charges, security deposits, collection costs, attorney’s fees, and other financial obligations. These provisions should be reviewed before determining what a landlord may be entitled to recover.
A landlord should also maintain records supporting the amounts claimed, including payment records, invoices, notices, and relevant communications with the tenant.
What Happens to the Tenant’s Business Property?
A commercial tenant may have equipment, inventory, furniture, records, or other personal property inside the premises. A landlord should be careful about taking possession of or disposing of a tenant’s property without understanding the applicable legal requirements.
A tenant’s default does not necessarily mean the landlord can simply remove, sell, or discard everything left inside the property.
Questions about abandoned property, ownership, access to the premises, and removal of business property can create additional legal issues. Landlords should consider obtaining legal guidance before taking action involving property left by a commercial tenant.
Can a Commercial Eviction Be Avoided?
Not every tenant default has to result in a contested eviction.
Depending on the circumstances, a landlord and tenant may be able to negotiate a resolution. Possible approaches can include payment arrangements, a negotiated surrender of the premises, a lease modification, or another agreement addressing the default.
Any agreement should clearly explain what each party is expected to do and when those obligations must be completed. The parties should also consider whether accepting payments, extending deadlines, or modifying the lease could affect existing rights or remedies.
For significant commercial properties or substantial lease defaults, having an agreement reviewed by a real estate attorney can help the parties understand the legal implications before moving forward.
Why the Commercial Lease Matters
Commercial leases can contain detailed provisions that affect how a default and potential eviction are handled. These provisions may address rent, notices, cure periods, insurance, maintenance, security deposits, attorney’s fees, default remedies, and other obligations.
Florida’s rules for nonresidential tenancies also differ from the rules that apply to residential rental properties. Landlords and tenants should therefore avoid assuming that information about residential evictions automatically applies to a commercial property.
Reviewing the lease early can help identify the applicable requirements and determine whether the landlord has followed the procedures required by the agreement and Florida law.
How Kearney Law Can Help With Commercial Evictions in Tampa
A commercial tenant default can affect rental income, property operations, and a property owner’s broader real estate interests. Addressing the issue properly can help reduce unnecessary delays and disputes.
Kearney Law provides real estate legal services in Tampa, including Commercial Real Estate Leases, Commercial Real Estate Contracts, Eviction Services, and Real Estate Litigation. The firm assists clients with real estate matters and disputes while taking a direct, client-focused approach to legal representation.
For landlords dealing with a commercial tenant default, an attorney can review the lease, examine the circumstances surrounding the default, and explain the legal options that may be available. Tenants responding to an eviction claim may also benefit from understanding their rights and obligations under the lease and applicable Florida law.
If you are dealing with a commercial eviction or tenant default in Tampa or elsewhere in the Tampa Bay area, contact us at (727) 592-8606 to discuss your legal options.
REQUEST A FREE CONSULTATION
Call us at (727) 592-8606
Frequently Asked Questions
Q: What should a landlord review before taking action against a commercial tenant?
A: The landlord should review the commercial lease, payment records, notices, and communications with the tenant. The lease may establish specific default, notice, and cure requirements. Kearney Law’s Real Estate services can help with commercial leases and related disputes.
Q: Can a landlord and tenant resolve a lease default without going to court?
A: Sometimes. Depending on the circumstances, the parties may negotiate payment arrangements, a lease modification, or a voluntary surrender of the property. An attorney can review the proposed agreement and explain how it may affect the parties’ rights in a commercial eviction in Florida.
Q: Can accepting overdue rent affect an eviction case?
A: It can. Accepting rent after a default may have legal consequences depending on the circumstances. Before accepting payment during a commercial eviction in Florida, a landlord should consider how the payment could affect available remedies.
Q: What happens if a tenant disputes the landlord’s eviction claim?
A: The tenant may respond to the lawsuit and raise defenses or other legal issues. The court then considers the positions of both parties before determining whether possession should be awarded. Kearney Law’s Real Estate and litigation services may be relevant when a dispute reaches court.
Q: Can other legal issues arise when a commercial property dispute involves a personal injury?
A: Yes. A property dispute and an injury claim can involve separate legal issues. For example, an injury occurring on or around a commercial property may require consideration of Personal Injury law, including Property-related Injuries, in addition to the underlying real estate matter. Kearney Law handles both areas of practice.
