– A landlord or their agent can sign an eviction complaint for non-payment of rent in a commercial property.
– The complaint needs to allege the landlord/tenant relationship, non-payment of rent, and the notice provided, and attach a copy of the lease.
– In a basic eviction, the landlord seeks possession only, while in a hybrid eviction, the landlord seeks possession and payment for back-due rent and/or other damages.
– It’s important to consider whether rents can be accelerated and whether to seek payment for the remaining lease payments due. 1. Landlords can offset accelerated rent owed by former tenants with rent collected from new tenants if they re-let the premises.
2. Landlords can recover the cost of restoring the premises if the tenant has left it in disarray or damaged, as well as increases in real estate tax costs and insurance premiums if indicated in the lease.
3. In some cases, landlords may be entitled to punitive damages if the tenant’s breach of the lease is willful or reckless.
4. Mitigation of damages is important in commercial eviction, and landlords are wise to at least try to re-let the premises to offset their damages.
5. Florida law does not require landlords to mitigate their damages, but judges may look upon it favorably if they do try to re-let the premises.
https://www.jimersonfirm.com/blog/2018/06/commercial-evictions-florida-available-damages/
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