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Disagreements between commercial landlords and tenants are rather common, and most are resolved before going too far. However, certain situations escalate to the point that the possibility of eviction is raised. Such disputes, whether over unpaid rent, property damage or otherwise, threaten the bottom lines of both parties. Each party in these kinds of conflicts has the right to be represented by an attorney.
Based in Melbourne, Frese, Whitehead & Anderson, P.A., represents commercial clients in Orlando and throughout central Florida. We represent commercial landlords and tenants, and thoroughly understand the issues from both sides. Our lawyers have extensive experience in this area of law, and look for practical, cost-effective solutions. If court action becomes necessary, we act decisively on behalf of our client.
Under Florida law, landlords cannot evict tenants on their own. The legal process must be followed and may require the assistance of the sheriff.
Commercial Eviction Basics In Florida
The law contains a number of steps that landlords must follow when evicting a tenant. Whether representing a landlord or a tenant, our Melbourne
attorneys ensure that the client’s rights have been protected under the law, which requires:
- Three-day notice: A landlord must provide to the tenant, in writing, notice that he or she has three days to comply with the lease or vacate. Frese, Whitehead & Anderson, P.A., can draft these notices if necessary.
- File a complaint: If a tenant fails to respond to a three-day notice, the landlord can proceed with filing a complaint for commercial eviction with a local court.
- Serve the tenant: The tenant must be provided with a summons via a method approved by law.
- Litigation or default judgment: The tenant has the right to challenge the allegations in the complaint. If the complaint receives no response, the landlord can obtain a default judgment.
- Writ of possession: If the landlord wins in court or obtains a default judgment, a writ of possession will be issued, which allows the sheriff to remove the tenant.
An uncontested commercial eviction can take about one month to complete. Contested cases can last much longer.
Contact Our Central Florida Real Estate Lawyers
If you or your business is involved in a dispute that includes possible eviction, reach out to Frese, Whitehead & Anderson, P.A., for advice. You can reach our Melbourne office by calling 321-473-3295 or by contacting us online.