THE FLORIDA DISTRESS WRIT:

AN EFFECTIVE TOOL TO CONSIDER WHEN PURSUING A

COMMERCIAL EVICTION

BY: RECALDE LAW FIRM, P.A.,

Miami, Florida
305-792-9100
Contact: Rafael Recalde, Esq.

C 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.
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.