USA - FLORIDA Law and Practice Contributed by: Jeffrey R Margolis, Marc S Shuster, James L Berger and Evan Rosenberg, Berger Singerman LLP
eviction action in Florida may take as little as two weeks from the notice delivery to the final removal of a tenant, or could last much longer, depending on the nature of the default in ques - tion. By way of example, it is much easier to prove a payment default than a maintenance default. The exact length of a Florida eviction depends on the reason for the eviction, how fast the land - lord moves, and whether the tenant responds so that the tenant can challenge the landlord’s allegations in court. 6.22 Termination by a Third Party The government may take private property via eminent domain, provided the government is going to use the property for a public purpose and pays both the landlord and tenant full com - pensation. A taking is a relatively quick proce - dure once the condemning authority files the lawsuit and sets the order of taking hearing, at which the condemning authority must prove: • that the property is necessary; • that the taking is for a public purpose; and • that it has prepared a good faith estimate of value based on a valid appraisal report. Once the judge enters the order of taking, the condemning authority deposits the good faith estimate of value into the court registry and becomes the owner of the property. After the order of taking hearing, the second stage of the quick-take action begins, in which a 12-person jury decides the amount of compensation to be paid to the property or business owner for the taking. Commercial tenants are considered “property owners” and may share in compensation for real estate encumbered by their leasehold. This
“sharing” is usually done pursuant to court order, mediated settlement agreement, or pre-suit set - tlement that apportions the compensation for the taken real estate between the fee-owner and leaseholder. 6.23 Remedies/Damages for Breach In addition to recovering possession of the premises in an eviction action, a commercial landlord often seeks monetary damages in a breach of contract action against a defaulting tenant. The terms of the lease agreement large - ly determine the type and amount of damages claimed. Under Florida common law, when a tenant breaches a commercial lease, a landlord may, among other remedies, retake possession of the premises for the tenant’s account, holding the tenant responsible in damages measured by the difference between the stipulated rent and any amount the landlord can recover in good faith by re-letting the premises. A landlord also has the right to accelerate the rent if the lease specifically includes an acceleration of rent pro - vision. This means that the entire balance of the rent payable from the date of default through the end of the term automatically becomes payable. Landlords will almost always require a security deposit (or a letter of credit) before entering into a commercial lease agreement with a ten - ant. Security deposits are intended to provide a landlord with protection against damage to the premises caused by or attributable to the tenant and they also provide security for a tenant’s pay - ment obligations under the lease. Florida does not have a statute specifically addressing secu - rity deposit requirements for commercial leases. Instead, they are entirely negotiable between landlord and tenant. Florida law does not require a commercial landlord to hold a security deposit in an interest-bearing account.
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