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Non-Monetary Defaults in Commercial Leases: A Difficult Eviction
"I want them out!" When a tenant stops paying rent, landlords usually have this reaction. But what about those tenants faithfully paying rent while breaching other provisions of the lease? Landlords often believe adherence to these non-monetary provisions are just as important as collecting rent because these provisions allow landlords to ensure that their property is properly maintained.
Landlords may want to evict a tenant for a non-monetary default. Unfortunately, this may prove difficult. Judges quickly evict tenants that fail to pay rent, but, when asked to evict a tenant for a non-monetary default, judges may refuse. This is understandable. Florida statutes are clear on relief for monetary defaults, leaving courts with little analysis to perform; however, there is not much guidance on relief for non-monetary defaults. Instead, courts are required to act in equity, which by its nature is imprecise. This article examines the eviction of a commercial tenant for non-monetary defaults. Because landlord/tenant law is highly state specific, this article focuses on non-monetary defaults in Florida.
In Florida, landlord/tenant law is governed by statute. Part I of Florida Statutes Chapter 83 governs nonresidential tenancies (§§83.001 – 83.251). This chapter contains only one subsection that explicitly addresses non-monetary defaults. Florida Statute §83.20(3) requires the landlord to give its tenant written notice when the tenant has materially breached the lease in some non-monetary way. Florida Statute § 83.20(3) states that a tenant may be removed from the premises:
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