Northwest Florida Commercial Landlord-Tenant Attorneys
Commercial landlords rely on their tenants and their leases to succeed. Issues can arise when a tenant fails to pay rent or does not abide by the terms of the lease. Led by Board Certified Real Estate Attorney Stephen R. Moorhead, the real estate team at the McDonald Fleming Moorhead law firm can help commercial landlords understand their legal options and take steps to protect those interests.
Experienced Attorneys In Commercial Landlord-Tenant Issues
When a tenant does not pay, what are your legal options? Our attorneys can help answer that question and discuss which options to pursue. We understand the complex landlord-tenant statutes and regularly assist commercial landlords in Pensacola and throughout Northwest Florida.
Our experience handling landlord-tenant issues involves a variety of legal options, and the right choice is different for every landlord. We look at each case and determine what the best legal option is, whether it is to start the commercial eviction process, try to collect past-due rent or both. In years past, landlords would “lock out” a tenant who failed to pay rent on time. This is prohibited under the Florida statutes absent a court order.
One of the remedies available to landlords is an eviction. An eviction requires notice referred to as a “three-day notice.” This notice advises the tenant that they must pay the rent within 3 business days or the lease is terminated. The statute is very specific about what must be included in this notice and how it is to be delivered to the tenant so you should exercise caution when taking these actions without legal counsel. Even after this procedure, the landlord must resort to legal process. This is done by filing an eviction action with the court.
Landlords have a lien upon all property brought into the leased premises. This lien is made effective by filing a “distress for rent” action. This is a very powerful option that allows the landlord to obtain an order that can be served on the tenant by the sheriff and orders the tenant not to remove any property from the leased premises. Since this effectively puts the tenant out of business, it provides the landlord with a significant amount of leverage and can also allow the tenant’s property to be sold with the proceeds to be paid to offset the rent owed. As a word of caution, this action should be taken without the tenant’s knowledge so the tenant does not move its property before the order is served. One of the downsides of a distress action is that the landlord must post a bond.
Our law firm’s knowledge of landlord-tenant laws allows us to provide unique options for commercial landlords when other legal options have been unsuccessful. Our attorneys have experience going to court and know what effective measures can be taken against tenants to ensure you get paid.
Review Of Commercial Lease Agreements
Our attorneys can help draft and review commercial lease agreements for both landlords and tenants, to make certain all potential legal issues are addressed and rectified before either party signs the agreement. A well-drafted lease can help prevent lease disputes in the future.