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    11 Replies Latest reply on Aug 12, 2008 3:47 PM by littl1dk

    BEHIND ON MY COMMERCIAL LEASE NEED ADVICE

    giorgioa Wayfarer

      I am behind on my lease 3 months for a commercial lease. I am in florida. What is the process of eviction. How much time do I have. Just a rough estimate.
        • Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE
          DomainDiva Ranger
          You need to revisit the default section of your business space lease. All of your questions can be answered there. Have you discussed this with the landlord?
            • Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE
              giorgioa Wayfarer
              Hi I have discussed this with the landlord. I have asked to have rent lowered and possibly free rent so I can catch up. They said no. I am one year new. I have a big following but not enough traffic in our plaza. There are 5 empty spots and two of the 5 are huge. So I don't get a lot of traffic. Most of my customers come from my advertising efforts and from 2 good restaurants in the plaza. I do not want to give up. But I don't have enough people coming in and buying. I read the lease it is very confusing. I am sure there is something that they have to serve me legally. Can you think of any other options ?
            • Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE
              CorpCons08 Ranger
              If memory serves me correctly, I believe we discussed this once before.
              There is no "set time" for eviction proceedings. It is based on your particular lease with the landlord.
              You should setup a time to speak to the landlord.

              CC08
              • Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE
                LUCKIEST Guide
                What kind of business?? You said There are 5 empty spots. Maybe you can move into a smaller space
                in the same building or find a new location with more traffic.
                As Buffalo said Talk to your lawyer.
                LUCKIEST
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                • Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE
                  Lighthouse24 Ranger
                  In most juristictions, you'd be served with a 30 notice to vacate -- meaning you'd have 30 days to close the store and get out once the notice was served. Your lease would spell out the terms of how far behind you can get on your rent before the landlord could serve notice, but whether you understand the terms in the lease or not, I'd just assume you're already past that point. There's no "rule" on how quickly after that a landlord must take action to serve and evict you -- it generally depends on whether your commercial space is in demand and on how well it's being maintained. It sounds as though there are no other prospects who'd want to lease it anyway, and that you are taking good care of the shop (not letting the property value decline) -- that's probably why the landlord has been patient so far. My main suggestion is to keep in touch with the landlord -- pay what you can, even if it isn't the full amount. With that much empty space around you, they'll probably figure that something is better than nothing, so long as you're keeping the place up. (But also be aware that the whole complex may be on the market, and if it sells, you'll probably get your 30day notice soon after.)

                  I hope this helps, and I hope you recover and get back on track soon. Best wishes.
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