Unfortunately, one of the responsibilities as a commercial property owner in Jacksonville is to deal with tenants who refuse to pay rent or lease payments. Florida landlord-tenant laws provide a legal process for evicting non-paying tenants and renters of commercial property. However, the process can be complex, depending on the facts and circumstances of the case. In addition, if you do not follow each step prescribed by law, your tenant could remain on your property longer than necessary.
With each day you lose money when a commercial tenant is not paying you. The Law Offices of Justin McMurray, P.A. can help you file your commercial eviction quickly and correctly so that you can remove a non-paying tenant to mitigate your losses and begin earning a profit for your commercial property.
Call (904) 248-4482 to schedule a free consultation with a Jacksonville commercial evictions lawyer.
Options for Dealing with Non-Paying Tenants
If you own commercial property, you will likely deal with a non-paying tenant at some point during your business career. Understanding your options for dealing with non-paying tenants, including filing commercial evictions, is essential to mitigate your losses. When your commercial tenant is refusing to pay rent or lease payments, you have three options available under Florida's tenant-landlord laws:
- If the tenant has vacated the premises, you may take control of the property and lease the premises to a new tenant while filing an action to recover losses and damages from the old tenant; OR,
- You can resume possession of the commercial property and use it for your purposes; OR,
- If the tenant refuses to vacate the premises or pay the lease payments, you must file a commercial eviction proceeding to seek a court order for removal of the tenant.
In most cases, commercial property owners purchased the premises as a means of generating income from rent. Therefore, you should act quickly to acquire the premises through a commercial eviction if the tenant refuses to vacate the premises. In addition, if the tenant has vacated the premises, you should still discuss the matter with an experienced Jacksonville commercial evictions attorney because you may be entitled to compensation for damages to help recoup your losses. Call (904) 248-4482 to learn more about your rights as a commercial property owner.
What are the Steps in a Jacksonville Commercial Eviction Proceeding?
The process for evicting a commercial tenant is fairly straightforward. However, you must follow each step, or you could experience delays in the process. Hiring a Jacksonville commercial evictions lawyer with The Law Offices of Justin McMurray, P.A. can help you avoid mistakes and allow you to focus on other business matters while our law firm handles the eviction proceeding.
In most commercial eviction proceedings, you are required to:
- Provide an Official Warning Notice — If the warning is for non-payment of lease or rent payments, the notice must be issued at least three days before eviction. For other breaches of the rental agreement, the notice period is 15 days before further action is taken.
- Filing an Unlawful Detainer Complaint — If the tenant refuses to leave after the three-day notice period ends, you must then file a petition for a court-ordered eviction. You must serve a copy of the complaint on the tenant, who has five days to respond.
- Objections and Counterclaims — In the tenant's response, the tenant can allege various objections and counterclaims. Because counterclaims can complicate a commercial eviction, you should consult with a Jacksonville commercial evictions lawyer.
- Court Hearing — If your tenant refuses to vacate the premises or settle the matter, the court schedules a hearing on your complaint. The judge reviews evidence and listens to testimony from both parties. Barring a valid legal reason why the judge should not grant the eviction, the judge will order the tenant to vacate the premises. In some cases, the judge may also grant a monetary judgment as compensation for your damages and losses.
While many commercial evictions proceed through the process without serious delays or issues, commercial evictions in Jacksonville can be complex and involve other areas of law. Our commercial evictions attorney in Jacksonville can help you with all eviction-related matters and landlord-tenant matters. Call (904) 248-4482 to learn about your options for evicting a non-paying tenant.
Contact The Law Offices of Justin McMurray, P.A. for a Free Appointment
Avoid costly and time-consuming mistakes by hiring an experienced Jacksonville commercial evictions attorney. Contact The Law Offices of Justin McMurray, P.A. by calling (904) 248-4482 or using the contact form above to request a free consultation with our Jacksonville commercial evictions lawyer.