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View Full Version : Help with Commercial Eviction Law FL



VetteLT193
12-15-2008, 12:09 PM
My father in law owns a building in S. Florida. In a nutshell, he is owed for more than 2 months rent.

there is a ton of equipment in the building, as well as cars (body shop).

Anyone know the procedure to evict, or can point out a good place to look stuff up? He's calling an attorney but we would like to self educate as much as possible.

tommymonza
12-15-2008, 12:12 PM
This body shop in not in Bonita by chance ?

viperfitness1
12-15-2008, 12:20 PM
My father in law owns a building in S. Florida. In a nutshell, he is owed for more than 2 months rent.

there is a ton of equipment in the building, as well as cars (body shop).

Anyone know the procedure to evict, or can point out a good place to look stuff up? He's calling an attorney but we would like to self educate as much as possible.

would need to see how the lease is written? it all goes down on what agreements were made between landlord and tenant in writing. the tenant is a lot less protected under commercial triple net lease terms. was it a gross or NNN type lease?

VetteLT193
12-15-2008, 12:28 PM
This body shop in not in Bonita by chance ?

nope, no where near actually

VetteLT193
12-15-2008, 12:30 PM
would need to see how the lease is written? it all goes down on what agreements were made between landlord and tenant in writing. the tenant is a lot less protected under commercial triple net lease terms. was it a gross or NNN type lease?

I read the lease, but it has been a couple years. I won't be able to find out until tonight at the earliest.

I thought that commercial leases were not really protected at all... don't pay, and the land lord can lock you out and take everything inside. That is sort of what I'm asking... is it possible to keep their equipment?

viperfitness1
12-15-2008, 12:44 PM
it really depends on the terms and type of lease.... is the lease over? how much money does he owe? i dont think you can seize 250000 in assets for 5000 bucks. they might turn around and put a lean back on you for the balance. i would be very careful and tactful at your approach. again it depends on the lease??

VetteLT193
12-15-2008, 03:41 PM
I'll find out more later, the lease is no where close to being up.

This isn't a small building, a couple months of rent missed and you need to add a 0 to your estimate :( Add that into the turn around time finding another tenant and we're easily talking well over 100k worth of expenses... could be much more than that depending on time frame.

Sydwayz
12-15-2008, 03:44 PM
I can recommend a FL attorney who I think can help you. Phknlwyr on OSO grew up with Schuble, and I believe has the proper stuff in place to help you in Florida.