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Evicting a Commercial Tenant in Florida
Commercial tenants are businesses that do not own their store or office space. In the United States, commercial zones are limited compared to the surrounding residential area, and zoning laws are strictly enforced. You generally cannot set up a small shop in front of your house, as you can in many other countries. Commercial property is scarce, and those that own it are powerful and few. As a result, many businesses rent their property from a commercial landlord.
Private residents are afforded statutory protection for a livable space, and there are limitations as to how and when a tenant can be evicted. However, businesses are deemed to be savvy economic players, and thus able to negotiate contracts and enter into complex agreements. The law does not want to restrict the rights of businesses to negotiate their own terms.
Evictions usually occur because the business can’t pay rent. This inability to pay rent may be voluntary, in protest to the landlord’s alleged breach of contract, or involuntary, as a result of business losses or bankruptcy. Evictions can also occur because the landlord gets a much better offer from a prospective tenant. The main issue is whether or not the rental agreement has been breached.
In Florida, it is important to have a commercial lease that covers all foreseeable circumstances. The business may have to pay the rent even if the building is damaged by fire or flood. Tenants may have the responsibility to maintain the property. Tenants may sign away their right to sue the landlord. Landlords can accept partial rent and still evict.
On the other hand, Florida allows businesses to draft their own rights into the contract. Businesses can ask for the right to sub-lease to acceptable tenants. They can demand security services, landscape services, and janitorial services. Operating expenses such as common area maintenance should also be addressed.
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