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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.

101600 Overseas Highway $20,000,000

101600 Overseas Highway KEY LARGO, Florida

3 Beds 3 Baths 3,717 SqFt

139 Seaside Avenue $10,500,000

139 Seaside Avenue KEY LARGO, Florida

5 Beds 7 Baths 6,740 SqFt

1622 Overseas Highway $9,900,000

1622 Overseas Highway MARATHON, Florida

3,400 SqFt

517 Duval & 518 Bahama Street $7,500,000

517 Duval & 518 Bahama Street KEY WEST, Florida

4 Baths 7,854 SqFt

3428 Roosevelt Boulevard N 1,2,3,4,5,6 $5,995,000

3428 Roosevelt Boulevard N 1,2,3,4,5,6 KEY WEST, Florida

7 Baths 8,046 SqFt

$5,250,000

Key Largo, Florida

2 Baths 4,680 SqFt

96180 Overseas Highway $3,999,999

96180 Overseas Highway KEY LARGO, Florida

3 Beds 3 Baths 1,445 SqFt 0.960 Acres

919 - 921 Duval Street $3,750,000

919 - 921 Duval Street KEY WEST, Florida

9 Beds 6 Baths 4,173 SqFt

155 Atlantic Circle Drive $3,675,000

155 Atlantic Circle Drive KEY LARGO, Florida

3 Beds 2 Baths 2,694 SqFt

101350 Overseas Highway $3,250,000

101350 Overseas Highway KEY LARGO, Florida

2 Baths 6,674 SqFt

100150 Overseas Highway $2,400,000

100150 Overseas Highway KEY LARGO, Florida

2,436 SqFt

325 Calusa Street 231 $2,000,000

325 Calusa Street 231 KEY LARGO, Florida

3 Beds 3 Baths 1,571 SqFt 0.040 Acres

218 Bristol Court $1,999,000

218 Bristol Court Tavernier, Florida

3 Beds 2 Baths 1,628 SqFt 0.150 Acres

23 Tortuga Drive $1,950,000

23 Tortuga Drive KEY LARGO, Florida

10 Beds 6 Baths 4,091 SqFt 0.450 Acres

23 Tortuga Drive $1,950,000

23 Tortuga Drive KEY LARGO, Florida

10 Beds 5 Baths 4,091 SqFt

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

About Curtis A. Skomp, CCIM

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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

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

Miami Office

RE/MAX Advance Realty
305-444-7111 Office

Business Address:
11010 SW 88th St. Ste. 200, Miami, FL 33176

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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