When commercial tenants violate lease terms or fail to make lease payments, owners and management companies are sometimes forced to evict. Eviction laws are controlled by both state statutes and the written lease agreements. The eviction process is technical, and missteps can be costly to the property owner. Common lease violations include subletting without authorization, material changes to the leased property, failure to meet tax or insurance obligations, and, most often, failure to pay rent. Other, less common violations also occur and include, violation of licensing or permitting regulations and statutes, and violation of zoning and use restrictions.

CLF represents commercial property owners and commercial management companies in South Florida to effectively and efficiently implement the eviction process. We understand that time is of the essence, and commercial property owners benefit greatly from a quick turn-over of the leased properties from the violating tenant. As expected, uncontested evictions can be accomplished relatively quickly. However, when a tenant contests an eviction, the process bogs down, and a skilled litigator is necessary to ensure the commercial property owner can recover its legal costs, expenses, and other damages besides the unpaid rents.

Sometimes, commercial tenants will file bankruptcy petitions to stop an eviction. When this occurs, CLF has experience litigating in Bankruptcy courts in Florida and Delaware, including initiating and prosecuting adversary proceedings.

Because the lease terms govern the landlord-tenant relationship, a clearly written and precise lease may prevent expensive litigation. CLF will review your current lease documents to determine weaknesses and suggest modifications or changes which can lead to long-term cost savings for our clients. Personal guarantees and/or letters of credit are vital to ensure the collectability of damages from tenants in violation of their leases. A clearly written lease with precise lease terms can often be used as convincing leverage to compel a tenant’s compliance rather than resorting to eviction and inheriting a vacant space.

Successfully evicting the commercial tenant is only half the battle. In order to be fully compensated for the damages that result from eviction, the landlord often must file a separate breach of contract action. Once a judgment results from the breach of contract case, then the landlord must collect on that judgment. CLF is skillful in litigating breach of contract cases  and recovering on judgments.