Legal Question in Landlord & Tenant Law in Florida

I have a commercial rental, the renter is 2mo. in arears. ($14,000)he keeps saying

I'll pay when I have it. On the 1st it woud be 3mo late. I gave him a 3day eviction

notice. He says he will not pay the arears rent. Can he remain in my property and

continue his business without paying? I am afraid of the distress writ because if for

some reason he won I would have to pay him the bond of twice the rent. Would a

Landlords lien be safer for me? There would be machinery that I could hopefully sell.

I have been paying the rent for him to stay in business. He usually catches up 1 month about the time it is nearing 3mo late. My income is $1,000 mo. unemployment. I am in my 60's and I rely on his payments.


Asked on 10/22/09, 6:18 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

You are in a Catch 22 situation of your own making. Get an attorney and evict this renter. The amount that he owes you is above the small claims level. You will need to file an action in Civil Court - above 5K and the rules are different.

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Answered on 10/22/09, 12:52 pm


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