THE FLORIDA DISTRESS WRIT:

AN EFFECTIVE TOOL TO CONSIDER WHEN PURSUING A

COMMERCIAL EVICTION

BY: RECALDE LAW FIRM, P.A., Miami, Florida305-792-9100Contact: Rafael Recalde, Esq.

ommercial landlords in Florida often turn, quite obviously and naturally, to

eviction when their tenants fail to pay. While this is a remedy that, when handled

by an experienced attorney, can be effective and result in relatively prompt recovery of

the commercial space, landlords are often left with little to no remedy with the recovery

of unpaid rent. Even when a claim is made for unpaid rent damages, too often is the

landlord awarded nothing but an uncollectable money judgment.

C

Florida law provides commercial landlords with a remedy that effectively helps

many landlords who use it to recover unpaid rent funds by essentially preventing the non-

paying tenant from moving equipment, furniture, machinery, and other property out of

the leased space until the matter is resolved, the property is levied upon by the sheriff, or

the writ is dissolved. This legal remedy is the Distress Writ, and is available to Florida

commercial landlords pursuant to Florida Statutes. Specifically, Section 83.12, Florida

Statutes, provides that a distress writ, when issued, “…shall enjoin the defendant from

damaging, disposing of, secreting, or removing any property liable to distress from the

rented real property after the time of service of the writ until the sheriff levies on the

property, the writ is vacated, or the court otherwise orders...” The statute further provides

that “[a] violation of the command of the writ may be punished as a contempt of court,”

and that “[i]f the defendant does not move for dissolution of the writ as provided in

s.83.135, the sheriff shall, pursuant to a further order of the court, levy on the property

liable to distress forthwith after the time for answering the complaint has expired.”

It is highly recommended that this procedure be handled by an experienced

attorney, as there are certain requirements that must be met. The complaint itself must

make certain specific allegations in accordance with Florida law, and “[b]efore the writ

issues, the plaintiff or the plaintiff's agent or attorney shall file a bond with surety to be

approved by the clerk payable to defendant in at least double the sum demanded or, if

property, in double the value of the property sought to be levied on, conditioned to pay all

costs and damages which defendant sustains in consequence of plaintiff's improperly

suing out the distress.” See Section 83.12, Florida Statutes.

If you are a commercial landlord considering a commercial eviction or other action

against your non-paying tenant, you should consider the distress writ option. An

experienced commercial landlord-tenant attorney can advise you on whether distress for

rent is available to you under your particular circumstances, and advise you on your

options. Contact our office today at 305-792-9100 for a free consultation with an

attorney practicing in the commercial landlord-tenant field.

The information presented above is general information only and should not be construed as legal advise. An attorney-client relationship will not be established until we have confirmed our representation of your case in writing. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.