– Commercial leases often grant the landlord broad powers upon the tenant’s default, allowing them to re-enter the premises and remove the tenant and their property without notice.
– However, in Florida, this kind of clause, known as “self-help”, is forbidden and unenforceable.
– Engaging in self-help evictions can result in costly penalties for landlords, such as claims for breach of lease, wrongful eviction, and tortious interference with business relationships.
– In Florida, there are only three legal ways for landlords to take possession of rented premises from tenants: an action for unlawful detainer, an action for ejectment, and an eviction.
– Abandonment is presumed when the landlord reasonably believes that the tenant has been absent from the rented premises for 30 consecutive days, the rent is not current, and a notice has been served and 10 days have elapsed. 1. The tenant or its employees haven’t been seen at the premises.
2. The tenant hasn’t used its parking spaces.
3. The tenant is not claiming its mail or sending out any mail.
4. The tenant doesn’t answer phone calls, or the phone number is disconnected.
5. The utilities have been shut off.
6. The tenant’s creditors have sought information from the landlord on the tenant’s whereabouts.
https://www.jimersonfirm.com/blog/2019/03/self-help-eviction-florida-abandonment/
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