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Tenant fails to pay rent

Discussion in 'Commercial Landlord & Tenant Issues' started by DarrellWilliams, Jan 12, 2010.

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  1. DarrellWilliams

    DarrellWilliams Law Topic Starter New Member

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    I have a Tenant in a commercial building that I own in Florida.
    Tenant has not paid rent and I have sent him a certified letter of default on January 6th 2010.
    What legal protocol should I follow in order to preserve my legal rights?

    In other words; What do I do next?
     
  2. jharris352

    jharris352 New Member

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    You need to follow eviction proceedings. Gail (our resident Landlord/tenant expert) will happen along here in a bit, she seems to have a link to all the eviction proceedings in the US at her finger tips. She will no doubt post a link that will help you out. If she has not in a day or so, I'll go looking and find the process for you.
     
  3. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    Here ya go.....

    http://www.olclaw.com/id11.html

    Remember that because commercial tenants tend to have far less protection regarding lockouts, etc. than those on residential leases.

    Gail
     
  4. jharris352

    jharris352 New Member

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    See! I told you she would come by and have it at her fingertips. I don't even bother anymore, I just wait for Gail!
     
  5. DarrellWilliams

    DarrellWilliams Law Topic Starter New Member

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    Thanks Gail,

    You are the Bomb!
     
  6. DarrellWilliams

    DarrellWilliams Law Topic Starter New Member

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    I may need your help.

    Our tenant: Karl has failed to pay January rent.


    Shawna (new officer) has sent him a three day notice certified and I think it is now time to file a complaint.

    Is that something we can have our new officer Shawna do or is it something we need to have an attorney do on our behalf?

    if you would let me know I would appreciate it. We need to make sure that we are doing things in a manner that preserves our legal right while at the same time does not cost us a lot of money (in the event that he files for bankruptcy, which I think is possible).

    Respectfully,

    Darrell Williams
     
    Last edited: Jan 19, 2010
  7. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    An attorney is not needed to file for eviction. Some folks like to use an attorney familiar with the eviction process, however, it is not required to have one. Many landlords handle all of steps to eviction by themselves as in most states it's not that difficult a process.

    Your officer goes down to the Clerk of Court to begin the filing process. Read over what we initially posted for you to make certain she brings all the correct information with her (including pre-stamped envelopes).

    Gail
     
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  8. DarrellWilliams

    DarrellWilliams Law Topic Starter New Member

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    Thank you Gail!

    What about when I file the initial complaint (is a complaint the same as filing suit?)
    It may help to get his attention?
    Your thoughts?
     
  9. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    In Florida, the complaint is the filing for eviction. Different states use different terminology (i.e., unlawful detainer, dispossessory) but they all mean you are filing through the court system requesting that an eviction be granted to you.

    Gail
     
  10. bootyourtenant

    bootyourtenant New Member

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    Florida Eviction

    It's surprisingly easy to file an eviction in Florida and not terribly expensive. Your first step is send the Three Day Notice, which you can pay someone to do for you or just download a copy and mail it yourself. The form is simple, and you should have no problem with it. You can get a copy of a Florida Three Day Notice for free from the "Boot Your Tenant" website, bootyourtenant.com.

    After the Three Day Notice, you have to decide if you just want to get the tenant out, or if you want to evict and sue for your past due rent and/or money for property damage they may have caused. The whole process takes about 3 to 4 weeks depending on the workload of the court at the time. If you do sue for damages, remember that getting the judgement is one thing, actually collecting is another. Generally you'll turn that judgement over to a collection agency who will take about 33% of whatever they collect.

    If you want to read a detailed description of exactly how the eviction process works step by step, there is one available at the link above. Good luck!
     

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