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Commercial Real Estate in Key West & the Florida Keys by RE/MAXCommercial Real Estate in Key West & the Florida Keys by RE/MAX

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How Does Florida’s Statutory Lien Remedy Allow Commercial Lessors To Recover Past Due Rent?

As a commercial landlord, you may eventually be forced to deal with your tenants’ failing to pay rent. Should that happen, you do have a means of recourse. Obviously you can begin an eviction process. Yet, what about all of the missed rent payments? Do you, a commercial lessor, have to consider that a loss and just deal with it? No, usually you don’t.

You can actually get a lien put against the property they own inside your commercial building. A Florida statute (F.S. § 83.08) gives commercial landlords a statutory remedy of a lien against actual property on the leased premises. So, this is something that is afforded as a right of landlords (without having to get judicial action) that was created by the statute.

Landlords almost always have an automatic right to get a lien on property that tenants own. That doesn’t mean they can automatically walk in and take the property though. There’s a process for the actual property seizure. In order to enforce the lien, landlords file a “distress for rent” complaint. That will start the proceedings to actually seize the tenant’s property to cover the cost of missed rent.

So, a landlord’s statutory lien remedy can be used on property that belongs to the commercial tenant. It’s only allowed to be used during the period of time written in the commercial lease agreement. The right to use the statutory lien remedy is over when the lease is over. Lastly, in order to use Florida’s statutory lien remedy for rent that is owed to the landlord, the landlord must actually bring a statutory distress for rent proceeding.

6440 Maloney Avenue $12,000,000

6440 Maloney Avenue Stock Island, Florida

9,418 SqFt

1622 Overseas Highway $9,900,000

1622 Overseas Highway MARATHON, Florida

3,400 SqFt

59073 Overseas Highway $7,990,000

59073 Overseas Highway MARATHON, Florida

2 Beds 22,069 SqFt

919 - 921 Duval Street $3,995,000

919 - 921 Duval Street KEY WEST, Florida

9 Beds 6 Baths 4,173 SqFt

3574 Overseas Highway 1-7 $3,750,000

3574 Overseas Highway 1-7 MARATHON, Florida

5 Beds 5 Baths 8,413 SqFt

99304 Overseas Highway $3,700,000

99304 Overseas Highway KEY LARGO, Florida

7,651 SqFt

100150 Overseas Highway $2,900,000

100150 Overseas Highway KEY LARGO, Florida

2,436 SqFt

1124 Labat Lane $2,450,000

1124 Labat Lane Cudjoe, Florida

4 Beds 4 Baths 2,693 SqFt 0.160 Acres

217 La Paloma Road $2,445,000

217 La Paloma Road KEY LARGO, Florida

4 Beds 3 Baths 2,784 SqFt 0.210 Acres

909 Frances Street $2,150,000

909 Frances Street KEY WEST, Florida

3 Beds 3 Baths 1,728 SqFt 0.040 Acres

19269 Bad George Road $1,650,000

19269 Bad George Road Sugarloaf, Florida

6,205 SqFt

8349 Overseas Highway $1,499,000

8349 Overseas Highway MARATHON, Florida

2,179 SqFt

188 La Paloma Road $1,400,000

188 La Paloma Road KEY LARGO, Florida

3 Beds 2 Baths 1,392 SqFt 0.150 Acres

372 Mahogany Drive $1,350,000

372 Mahogany Drive KEY LARGO, Florida

4 Beds 3 Baths 1,661 SqFt

916 Red Bird Road $1,250,000

916 Red Bird Road KEY LARGO, Florida

5 Beds 3 Baths 2,556 SqFt 0.110 Acres

Upscale, Comfortable Commercial Real Estate Office

The RE/MAX Keys Connection office is located in the Historic Heritage House in the heart of Old Town, conveniently located immediately nearby major downtown hotels. Our unique, cafe-style real estate office offers our valued clients a welcoming, upscale, professional environment. Enjoy complimentary beverages, free wi-fi, and a private conference room or expansive front porch, depending on the level of privacy you’re most comfortable with.

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Experienced Commercial Real Estate Brokerage Company

RE/MAX Keys Connection’s owner and broker Curtis Skomp is one of South Florida’s top commercial real estate brokers. With over two decades of experience and a CCIM (Certified Commercial Investment Member) designation, Curtis has brokered commercial real estate including industrial properties, shopping centers, strip malls, trailer parks, bars, restaurants, hotels and multi-unit apartment buildings. Unlike many brokers, Curtis isn’t intimidated by bank foreclosures either.

RE/MAX Keys Connection offers clients international exposure with local service. Our service area includes  Key West, Big Pine Key, Marathon, Islamorada, Key Largo, and all of unincorporated Monroe County.  Our office is fluent in Spanish, which is highly important when doing business in Southern Florida.

Contact RE/MAX Keys Connection Today!

Posted in: Buyers, Landlord Rights, Leasing Commercial Real Estate, Marinas Tagged: commercial lease, commercial properties, commercial tenants, Florida commercial lease statute, tenants over due on rent

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Key West Office

RE/MAX ALL KEYS REAL ESTATE
305-296-1400 Office

Business Address:
517 Duval St Suite 200, Key West, FL 33040

View RE/MAX All Keys Real Estate Key West location on Google

Key Largo Office

RE/MAX ALL KEYS REAL ESTATE
305-451-0060 Office

Business Address:
98880 Overseas Hwy, Key Largo, FL 33037

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Miami Office

RE/MAX Advance Realty
305-444-7111 Office

Business Address:
7220 Red Rd., South Miami, FL 33143

View RE/MAX Advance Realty South Miami location on Google

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Licensed in Florida | Key West FL Commercial Real Estate

AREAS WE COVER:

33040, 33043, 33042, 33050, 33036, 33037
Key West, Stock Island, Big Pine Keys, Marathon, Islamorada, Key Largo

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