Commercial Tenant Eviction Lawyer Florida: Holdover and Possession Disputes
Commercial tenant eviction lawyer Florida matters usually begin with a commercial lease holdover, which happens when a business stays in its space after the lease term ends. In Florida, a landlord who wants the space back usually files a court action. This guide explains how these disputes work for business owners in Tampa and across Hillsborough County.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
What a commercial lease holdover is and who this service is for
A holdover is a tenant who stays in commercial space after the lease ends, without a new signed lease. The lease wording and the conduct of both sides both matter.
Florida’s nonresidential tenancy law applies to business tenancies. Office, retail and warehouse leases are commercial arrangements. The terms of each lease often shape how a dispute is resolved.
This service is for three groups:
- Landlords who want possession back after a lease ends or after a default.
- Tenants who are defending possession or disputing a termination notice.
- Businesses facing a claim for unpaid rent or lease charges.
For a broader view of business disputes in Florida, see our Florida business disputes guide.
What commercial lease tenant litigation covers
Commercial lease litigation covers getting space back, collecting rent owed, and answering the defenses a tenant raises. A single case can include more than one of these claims, depending on what is filed.
- Possession. A landlord may seek the space after the lease ends or after a default.
- Unpaid rent and charges. Claims can include base rent, additional rent, common-area charges and late fees, as the lease defines them.
- Holdover rent. When a tenant refuses to give up possession at the end of the lease, the landlord may demand double the monthly rent under Florida’s rent statute, § 83.06. Rent contracts also bear interest from the time rent is due.
- Notice disputes. Whether the required notice was given properly, and how it was delivered, is often central.
- Defenses and counterclaims. Tenants may argue improper notice, landlord breach, or a disputed amount owed.
- Fee clauses. If a lease allows attorney’s fees to a party enforcing it, § 57.105(7) lets a court allow reasonable fees to the other party when that party prevails. This applies to contracts entered into on or after October 1, 1988.
How a commercial tenant eviction case moves through Florida courts
A case usually moves from filing, to service, to the response, to a possible mediation, and then to a hearing, settlement or judgment. Each stage has its own paperwork and dates.
- Review. We look at the lease, rent history, default and termination notices, and payment records.
- Filing location. Under § 47.011, actions are brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section does not apply to actions against nonresidents.
- Service and steps. The Hillsborough County Clerk’s eviction process page describes the steps, including notice, filing, service, default or hearing, judgment and a writ of possession.
- Rent into the court registry. In a landlord’s action that includes possession, § 83.232 requires the tenant to pay the rent alleged in the complaint as unpaid into the court registry, unless the tenant has interposed the defense of payment or satisfaction of that rent, along with rent that comes due during the case. If the tenant disputes the amount of accrued rent, the court decides the amount, and the tenant must pay that amount into the court registry on the day the court makes its determination. If the tenant does not dispute it, payment is due on or before the date the answer to the possession claim is due. The court may extend these time periods upon good cause shown. Even when a tenant asserts payment as a defense, the court may order rent that accrues during the case paid into the registry. A tenant who does not pay as ordered is deemed to have absolutely waived the defenses, and the landlord is entitled to an immediate default for possession without further notice or hearing.
- Mediation. Under § 44.102, a court must, on one party’s request, refer a filed civil action for monetary damages to mediation, if the requesting party is willing and able to pay the mediation costs or the costs can be equitably divided between the parties, unless the action is a landlord and tenant dispute without a personal injury claim, is filed to collect a debt, is a medical malpractice claim, or meets another listed exception. The statute has exceptions. Among them are a landlord and tenant dispute that does not include a personal injury claim, an action filed to collect a debt, and an action governed by the Florida Small Claims Rules. A court may also refer all or part of a case that is not required to be referred.
What to expect: timeline and practical steps
The first weeks are mostly about documents. Timelines depend on the facts, the court’s calendar, and whether the other side contests the case.
- Gather the lease, all amendments, the rent ledger, deposit records, and every notice sent or received.
- Check whether each notice followed what the lease requires.
- Decide whether a written demand makes sense before filing.
- Track every court date. Response deadlines run on the court’s schedule, and a missed date can hurt a defense.
Settlement talks can run alongside a case. Settlement talks can run alongside a case. Under § 45.061, a written offer to settle remains open for 45 days unless withdrawn sooner by a writing served on the offeree before acceptance, but the section does not apply to causes of action that accrue after its effective date. When a court refers a case to mediation under § 44.102, the time to respond to such an offer is paused until the mediator declares an impasse or reports that no agreement was reached.
For a business, possession timing affects inventory, staff, customers and moving plans. Plan for those now, not after a judgment.
Who we represent and where we serve
Ayala Law PA represents businesses and entrepreneurs in commercial and contract disputes in Florida courts and arbitration. Our practice includes commercial litigation, contract disputes, shareholder disputes, construction litigation, real estate litigation and international trade litigation.
Our office is at 1646 W Snow Ave in Tampa, Florida. We represent businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace and the wider Tampa Bay area in Florida courts and arbitration.
Eduardo A. Maura is the responsible lawyer for this page. Our team supports the firm’s work on each matter. A matter may be referred to another lawyer or firm where that is appropriate, and we will tell you before you decide whether to hire us.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Why work with this firm on a commercial lease dispute
Ayala Law PA concentrates in business litigation, and lease disputes sit close to that work. Lease claims are contract claims at their core.
- Writing matters. Signed lease terms, amendments and notices are central evidence in possession and rent disputes.
- Related practice areas. Commercial, contract, real estate and construction litigation all overlap with questions about default, notice and possession.
- Plain explanations. We explain your options and their tradeoffs before you choose a path.
- Realistic expectations. Every lease and record is different. We talk through likely paths, not promised results.
Frequently asked questions
Can a landlord lock out a commercial tenant after the lease ends?
A possession claim is a court action under Florida’s nonresidential tenancy law. Each situation turns on the lease and the facts.
Does staying past the lease create a new lease?
The lease wording and each side’s conduct both matter. We review those documents with you.
Can unpaid rent be part of a possession case?
It can, depending on the claims filed and the lease terms. Rent that comes due during the case must also be paid into the court registry when due, and the court may extend these time periods upon good cause shown.
Do you serve Tampa clients?
Yes. We represent businesses in Tampa and Hillsborough County; our office is at 1646 W Snow Ave in Tampa, Florida.
What does it cost to start?
Fees and costs, including court filing costs, are discussed before you engage us.
If a tenant has stayed past your lease or stopped paying rent, you may have a claim worth reviewing. You can book a case evaluation or call (305) 570-2208 to talk through your lease.
