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With more brick-and-mortar businesses struggling, commercial landlords have a lot on their plate. Commercial landlords in Downton Sanford face lengthy and complex evictions if their tenants can no longer pay the rent.
Fail to conduct the eviction properly along with strict Florida leasing laws can impact a landlord’s remedies.
To help limit the loss of revenue, it’s important to have an understanding of the legal aspects of commercial leasing in Florida.
Commercial Lease Agreements in Downtown Sanford
A landlord’s number one duty is to deliver possession of the commercial property to the tenant on the date set out in the agreement.
What’s more, Florida leases state that the duty of quiet enjoyment refers to the landlord as the property title owner. As a result, there are to be no disturbances while the lessee is in possession of the property.
A landlord is not liable for injuries as a result of a tenant’s activities on the premises, either. Rather, it is up to the tenant to be aware of any dangers on the property. He or she can then make reasonable attempts to keep the premises safe.
However, there are a few instances where a landlord might be liable if the injury was due to a law violation, an inherent danger, improper repair or defect that existed when the lease was signed.
Tenants Have Obligations, Too
In Downtown Sanford, commercial tenants have obligations and duties, too. One of the most important is to pay the rent. Tenants are also obliged to keep the premises in more or less the same condition they received it in. They are obliged to return possession of the premises at the end of the lease.
In Florida, “let the buyer beware” applies to commercial leases, also. It’s up to tenants to inspect the property before signing a lease to familiarize themselves with any conditions that could hamper the property’s value.
There is an exception, though. If the commercial lease revolves around a new building, the landlord has a duty of implied fitness if implied warranties exist. This is to ensure that the property is appropriate for the tenant’s use. If either a landlord or tenant breaches an implied warranty, the tenant is right to abandon the property or defend unpaid rent.
Statutory Lien Remedy
Downtown Sanford commercial landlords have a statutory remedy of a lien against the property belonging to the tenant. This statutory lien remedy only applies during the terms of the lease and ceases to exist at the end of the lease.
For a landlord to enforce the statutory lien for rent owed, he or she must bring statutory distress for rent. If the landlord succeeds, the court will issue a distress wit in the landlord’s favor. Once issued, the landlord can order the sheriff to serve legal papers against the tenant.
Self-Help Eviction Is Forbidden
When a tenant fails to pay rent, a landlord’s income may suffer. It’s tempting to remove a tenant without going through the legal steps outlined in the state’s commercial eviction laws.
Self-help eviction includes several acts, such as ordering power to be shut off, changing locks on the property, and removing the tenant’s property without the necessary court order.
If a landlord attempts to evict a tenant without the right legal process, he or she could be liable for the tenant’s legal fees and lost profits.
Know the Legal Stuff
As a commercial landlord in Downtown Sanford, you need to abide by the Florida rental laws. Going through the appropriate process means you can remove a tenant who hasn’t complied with the lease. It also helps you recover rent and possession of your property through the right channels.
Fail to manage an eviction legally, and you risk being liable for damages.
Whether you’re a commercial landlord or a tenant, understanding and following our state’s eviction laws can protect a landlord’s investment and limit losses from defaulting tenants, while protecting the tenant’s rights.
Make sure you have a knowledgeable attorney on your side. This helps ensure your commercial leasing endeavors in Downton Sanford are above board.
Book a consultation at Principal Law Firm today for all your commercial leasing legal needs.
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