A year ago, one of West Palm Beach’s most iconic restaurants closed after its landlord evicted the owners of the 80-year-old restaurant.
Of course, the owners of Ta-Boo did not walk away from the Lake Worth location quietly. For instance, the restaurant owner filed a motion to dismiss because the landlord had missed a deadline to file a response in the case.
While Ta-Boo was unsuccessful, it’s just indicative that business owners will do what they can to remain open if they see a future for their business.
There are many, many ways a commercial tenant can try and defend your desire to evict them and find a more financially stable tenant.
The attorneys at The Orlando Law Group can help you protect your investment in commercial real estate. We have seen many of the defenses tenants try to employ to stay in their property and will work to end the process as quickly as possible with your interests protected.
What is the most common way to defend an eviction?
In many cases, tenants will combat evictions using the legal process itself. For instance, Ta-Boo said the owner missed a deadline to file a response.
Florida statutes are clear on timelines for commercial eviction cases. A landlord must give three days’ notice for an eviction because of failure to pay rent. A landlord must give 15 days’ notice for an eviction because of another reason unless otherwise specified in the lease.
Upon receipt of the appropriate notice, the tenant has the opportunity to cure the default or otherwise to surrender the premises to the landlord. There are also other legal maneuvers to delay an eviction. For instance, the tenant may file a motion to determine rent to get the court to issue an opinion on the actual amount of rent owed.
It is critical the owner of a commercial property follow all the steps in the process, including any required notices.
While straightforward, the legal maneuvers used can stop an eviction process, which is why it is best to use an attorney experienced in commercial evictions to handle your case.
What else can be a defense in a commercial lease eviction?
There are many ways a tenant can defend a commercial lease, so it is important to document the reasons why a property owner plans to evict its tenant.
A popular defense in any eviction, including commercial evictions, is to blame the landlord for the problems. This can be a variety of things, including some that may not have been tried.
A few of the more popular ones are:
- Renting to a competitor: Many leases have an “exclusive use” section, saying the landlord will not rent space in a center to a competing company.
- Not providing basic maintenance: Any lease should have a description of what is included in the lease. If the landlord agrees to cover pest control and there is a rat infestation, it could be used as a defense. Even a landlord not mowing the grass could be a defense if landscaping is part of the lease agreement. It is important to note that the tenant is also required to provide statutory notice to the landlord if the landlord is failing to perform under the terms of the lease.
- The eviction was retaliation for another action: If the tenant feels they are being evicted because they complained or just because the landlord doesn’t like them, it can be a defense.
- The right to quiet enjoyment was breached: Any tenant expects to be able to operate their business without interruptions. So, if the landlord puts a dance studio next to an art gallery, causing the art to continually fall from the walls because of the vibrations created by music, the art gallery could use that as a defense.
- Taking actions outside of the courts: Sometimes, landlords take actions against tenants, like changing the locks on the property and shutting off the utilities. Landlords, in most cases, cannot resort to “self-help.” Self-help may result in a dismissal of the eviction, and may even lead to damages in favor of the tenant and against the landlord.
The reality is there are many reasons an eviction can be blocked in the courts – even the slightest misstep can cost thousands of dollars. Even just one single typo.
A good example is this document from the Lawyers Committee for Civil Rights. While it pertains to California eviction laws, it’s important to see how many defenses could be used in an eviction case.
It contains four pages, consisting of nearly three dozen technicalities to use in eviction cases. Again, not all apply in Florida law, but many of them do.
How can you counter these defenses?
The best way to ensure the eviction of a tenant is resolved quickly and to your satisfaction is to take steps before you file.
Probably the most critical step is to document everything that happens along the way. Keep records of the tenant’s complaints and how you worked to resolve those complaints. Put in writing all demands you send for rent payments and keep track of any payments given.
Of course, you should understand the terms of the lease. There are often many specific clauses in the contract that can allow you to terminate the lease, but it also may have clauses protecting your tenant.
Plus, if you understand what is required of you as the landlord, you can properly document how you met those requirements. Keep records of when you set rat traps or fixed the air conditioning. Show how you notified the dance studio they needed to reduce the bass in their music to protect the art gallery.
The more you document the issues with the tenant, the smoother your eviction will be.
Finally, it is important you work with an attorney well-versed in commercial evictions to follow all the details and fine points associated with eviction law.
The attorneys at The Orlando Law Group can help commercial property owners with evictions and other tenant issues in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Last Updated on March 5, 2024 by The Orlando Law Group
