The steps involved in the commercial tenant eviction process in Florida run in a set order. You review the lease, serve a proper default notice, file a court case, obtain a judgment, and then request a writ of possession. Florida’s nonresidential tenancy rules in Chapter 83, Part I of the Florida Statutes set the framework. The Hillsborough County Clerk’s commercial tenant eviction guide lays out the same general order. This guide walks through each stage in plain terms and points out where timing and paperwork can cause delays.
Start With the Lease, Because It Sets the Terms
Reviewing the lease is a practical starting point when a landlord-tenant dispute arises.
A commercial lease usually spells out what counts as a default. It may give the tenant a cure period, which is time to fix the problem. It also sets how and where notices must be delivered, and it may list late fees and other remedies.
Where the lease is silent on a point, Florida’s nonresidential tenancy rules step in. That part applies to nonresidential tenancies and to tenancies not governed by part II of the same chapter.
Before you take any step, gather the lease, every amendment, the rent ledger, payment records, and written messages about the default. Missing papers can slow a case down. They also matter later when the court asks what was agreed.
If unpaid rent or a lease default has put your business in this position, our team can talk through what you're facing with you. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Step 1: Serve a Proper Notice of Default
Many disputes begin with a review of what the lease says about notice.
The notice should name the default and say what the tenant must do. For unpaid rent, it demands payment or possession. For a non-monetary breach, such as unauthorized use of the space or a lapsed insurance policy, it gives the tenant a chance to cure within the time the lease or statute allows.
Delivery matters as much as content. The lease’s notice clause controls the delivery method and the address. Keep proof of delivery, such as a signed receipt or tracking record, and keep a copy of exactly what you sent.
Review the notice against the lease before it goes out. A defective notice can delay the case or force you to start over. Checking the wording and timing now is far easier than fixing a defect in court.
Step 2: Handle Rent Payments and Acceptance Carefully
Accepting rent after a default notice can change your position, so handle payments with care.
Partial payments are the usual issue. If you accept less than the full amount, put your reservation of rights in writing. State that the payment does not waive the default, and say what the money is applied to. Do the same for any payment plan, and make sure the tenant signs it.
Tenants should keep proof of every payment and every message about the default. Those records show what was paid and when. They also help both sides agree on the numbers.
Whether accepting rent affects your case depends on the facts. The points above are a starting framework, not a rule for every situation.
Step 3: File the Complaint and Serve the Tenant
If the tenant neither pays nor moves out, the landlord can file a complaint for possession in the right county. Formal service of court papers is one step that may follow in a dispute of this kind.
Florida limits where you can file. An action must be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. Fla. Stat. § 47.011 does not apply to actions against nonresidents. Fla. Stat. § 47.011 states that rule, but this section does not apply to actions against nonresidents. A corporate tenant has its own venue rule under Fla. Stat. § 47.051.
The complaint can seek unpaid rent, late charges, and other amounts the lease allows. Under the contract fee rule in § 57.105, if the lease lets one party recover attorney’s fees for enforcing it, the court may also allow reasonable fees to the other party when that party prevails, whether as plaintiff or defendant; this applies to contracts entered into on or after October 1, 1988.
In a lawsuit, a summons is the court document that notifies the other party of the case. The response deadline runs from service, so the date of service matters. Read the summons closely.
Step 4: Response, Hearing, and Judgment
After service, the tenant may respond, settle, or stay silent. Each path leads to a different next step, and the steps involved in the commercial tenant eviction process in Florida change with each choice.
If the tenant responds, the case may move to a hearing, a settlement, or motion practice, depending on what is disputed. Any settlement should be in writing and signed. Include move-out dates and payment schedules.
Rent in the court registry is a key timing point. In a landlord’s action that includes a claim for possession, the tenant generally must pay the rent alleged as unpaid, and rent that comes due during the case, into the court registry. The tenant can avoid depositing the rent alleged as unpaid by asserting payment or satisfaction of that rent, but the court may still, in its discretion, order rent that accrues during the case to be paid into the registry. Fla. Stat. § 83.232 sets out these rules.
Filing a counterclaim for money damages does not excuse the deposit. If the tenant does not pay into the registry as ordered, the statute deems that an absolute waiver of the tenant’s defenses. The landlord may then get an immediate default for possession.
How a party responds to a lawsuit can significantly affect how the case proceeds. A judgment for possession is a court ruling about who has the right to occupy the space. Florida’s court-ordered mediation rule does not require referral for a landlord and tenant dispute that lacks a personal injury claim.
Step 5: Writ of Possession and Holdover Rent
After a judgment for possession, the landlord asks the clerk for a writ of possession. The writ is the court order that carries out the judgment.
Don’t take matters into your own hands. The court process is the route this guide follows.
A tenant who stays after the lease ends is a holdover. Under Fla. Stat. § 83.06, when a tenant refuses to give up possession at the end of the lease, the landlord may demand double the monthly rent. The landlord may recover that amount at the end of every month, by distress in the manner pointed out hereinafter.
Document the space before the tenant leaves. Take dated photos or video of its condition and of what is left inside. Keep a written list of contents. That record helps if the tenant later disputes what was there.
The court’s calendar, a contested case, and any appeal or stay all affect the timing. Plan for each stage to take the time it takes.
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.
Related Issues and Talking With Our Team
Build-out work and lease fights can raise separate money questions, and each has its own rules.
Work done to improve the space can lead to unpaid contractor and lien questions. Those issues fall under our construction litigation practice, which covers contractor and subcontractor disputes and lien foreclosure.
Fee and sanction rules run both ways. Under Fla. Stat. § 57.105, the court shall award a reasonable attorney’s fee, paid in equal amounts by the losing party and the losing party’s attorney, when it finds either of them knew or should have known that a claim or defense was not supported by the material facts or would not be supported by then-existing law. Exceptions apply: no sanction under paragraph (1)(b) for a good faith argument to change the law with a reasonable expectation of success, or against a represented party; no sanction against an attorney who acted in good faith on the client’s representations about the material facts; and no sanction on the court’s own initiative unless it is awarded before a voluntary dismissal or settlement of the claims made by or against the party to be sanctioned. A motion must be served and may not be filed unless the challenged claim or defense is not withdrawn or corrected within 21 days.
Our team focuses on business litigation, including commercial, contract, and real estate litigation in Florida courts and arbitration. Eduardo A. Maura is the responsible lawyer for this page. Our office is at 1646 W Snow Ave in Tampa, Florida.
Quick Answers
Can a commercial landlord demand double rent?
Yes, when a tenant refuses to leave at the end of the lease. Fla. Stat. § 83.06 sets that remedy.
Must a tenant pay rent into the court registry?
In a possession case, the tenant generally must. Failing to pay as ordered can lead to a default for possession.
Knowing the steps involved in the commercial tenant eviction process in Florida helps you act in the right order. If unpaid rent, a lease default, or a possession case is affecting your business, call (305) 570-2208 to talk through your situation. Fee arrangements are discussed at the time of contact. You can also reach us through our contact page.
