To evict a commercial tenant in Florida, a landlord usually gives the right notice first. If the tenant still won’t leave or fix the problem, the landlord files a possession case in court. Chapter 83, Part I of the Florida Statutes covers nonresidential tenancies, so business leases fall under it (§ 83.001).
The exact steps turn on the lease, the default and the timing. This guide walks through the process in plain terms. It also covers the mistakes that can slow a case down or create a second dispute.
Start With the Lease and the Reason for Eviction
The first step is to identify why the tenant must leave. Common reasons include unpaid rent, a lease violation, a tenant who stays after the lease ends, or a space occupied with no written lease.
The written lease comes first. It usually defines what counts as a default, whether the tenant can fix a problem, where notices must go and how they must be written. Landlords who skip this step often send the wrong notice.
Confirm that the party named in the lease is the one occupying the space. If the business name differs from the tenant’s legal name, sort that out first. Keep a clean rent ledger and copies of every notice and written message. These records matter at every later stage.
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.
How Much Notice Must a Commercial Landlord Give?
When a disagreement arises under a commercial lease, reading the agreement closely is a practical first step, because its wording often shapes what each side expects of the other. The lease and the facts of the default set the starting point, and Chapter 83, Part I applies to the tenancy.
Two kinds of notice are common. A notice to cure or pay gives the tenant a chance to fix the problem, such as paying rent owed. A notice to terminate ends the tenancy and asks the tenant to leave. Sending the wrong one can set the case back.
Each notice should state the default in plain facts. If rent is involved, it should show the amount owed and the deadline to respond. It should also say how and where the tenant must reply. Deliver it the way the lease requires, and keep proof of delivery.
Be careful about accepting partial rent after a notice. Taking money can give the tenant an argument that the landlord gave up the default. Review the response to late payments before accepting anything.
Evicting a Holdover Tenant or a Tenant With No Written Lease
A tenant who refuses to leave at the end of the lease can trigger a double-rent demand. Florida law lets a landlord demand double the monthly rent from a tenant who refuses to give up possession at the end of the lease. The landlord may recover that amount at the end of each month, or in the same proportion for a longer or shorter time (§ 83.06).
Rent contracts also carry interest. All contracts for rent, verbal or in writing, bear interest from the time the rent becomes due, under the same section.
A holdover with no written lease is harder to pin down. How rent was accepted, and what the landlord said and did, can shape how the arrangement is viewed. Accepting rent for the holdover period can change that picture.
Write down what happened during that period. Save the rent history, the messages and any notices. Those facts drive the next decision, so gather them before choosing a path.
Filing a Possession Action in County Court
If the tenant does not leave or fix the default, the landlord generally files a possession action. Actions must be brought only in the county where the defendant resides, where the cause of action accrued, or where the property is located, though this rule does not apply to actions against nonresidents (§ 47.011). For a property in Hillsborough County, the property’s location is one of those options.
The usual sequence runs like this. The landlord files a complaint, the tenant is served with a summons, and the tenant gets time to respond. The case may then move to a hearing or trial. How a court judgment is enforced depends on the facts of each case. The Polk County Clerk’s eviction page explains non-residential filings, required forms, filing and service fees, and how a writ of possession is obtained (Polk County Clerk evictions).
Florida’s court registry rule can matter a great deal. In a landlord’s action that includes a claim for possession, Florida Statutes § 83.232(1) requires the tenant, unless the tenant has raised a defense of payment or satisfaction of the rent the complaint alleges as unpaid, to deposit into the court registry the amount alleged to be unpaid on or before the date the answer to the claim for possession is due or, if that amount is contested, the amount the court determines on the day the court makes that determination, although the court may extend the time for good cause. Rent that comes due during the case must be paid too, unless the tenant has raised a defense of payment or satisfaction of the rent in the amount the complaint alleges as unpaid, though the court may still, in its discretion, order the tenant to pay into the court registry the rent that accrues during the pendency of the action (§ 83.232).
If the tenant doesn’t pay into the registry as the court orders, the tenant’s defenses are treated as an absolute waiver. The landlord can then get an immediate default for possession without further notice or hearing, under the same statute.
How Long Does a Commercial Eviction Take in Florida?
No one can promise a fixed timeline, because several moving parts control the schedule. How long a case takes depends on the notice periods, whether the tenant contests the case, how and when the tenant is served, and the court’s calendar.
Cases slow down when a tenant files a response or counterclaim. Disputes over the amount owed, repair complaints, service problems and motions all add time. The court can also extend registry deadlines for good cause shown (§ 83.232).
An uncontested case, where the tenant is properly served and leaves, often moves faster. That is a general pattern, not a promise for any one case. Keep records organized so you can respond quickly if the court asks for documents.
What Landlords Must Not Do: Self-Help Eviction Risks
Steps such as changing locks, removing a tenant’s property or cutting utilities can lead to disputes, and the rules that apply depend on the facts of each case. Those steps can expose the landlord to claims, even when rent is unpaid.
Removing equipment or inventory informally carries the same risk. The tenant can argue the property was taken wrongfully, and the case can turn into a second dispute. The court process is the usual route for recovering a space.
Put all communications with the tenant in writing, and keep them factual. Threats and pressure tactics can become evidence later. Keep the property secure and maintained while the case moves forward, and document its condition.
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.
Gather Your Records Before Taking the Next Step
Before filing, collect the signed lease and any amendments. Add the rent ledger, every notice with proof of delivery, inspection reports, photos of the space and written communications with the tenant.
These records support the notice, the complaint and any later money claim. Gaps hurt. If a landlord cannot prove a notice was delivered, the case can stall.
If the tenant is an LLC, check its registered agent before filing. Florida law allows process against a domestic or registered foreign LLC to be served on its registered agent (§ 48.062).
Also review any fee clause in the lease. Under § 57.105, a contract that lets a party recover fees for enforcing it can let the court award fees to the other side if that side prevails, but this applies only to contracts entered into on or after October 1, 1988. If ownership of the property is unclear, settle that question before filing.
Talk Through Your Tenant Situation With Ayala Law PA
A tenant who has stopped paying, or who stayed past the lease end, is a hard position for a business owner. Maybe the notice went out in the wrong form. Maybe the tenant is months behind. Each decision affects the property, the cash flow and the business.
Ayala Law PA handles commercial litigation, contract disputes and real estate litigation. Eduardo A. Maura is the responsible lawyer for this page. The firm’s office is at 1646 W Snow Ave, Tampa, FL. Businesses in Hillsborough County and the Tampa Bay area can contact the firm at (305) 570-2208 to describe the lease, the default and the deadlines in front of them.
How much notice do you give a commercial tenant?
The notice comes from the lease and the facts of the default. There is no single period that fits every Florida commercial lease.
How long does a commercial eviction take in Florida?
No fixed timeline can be promised. Contested cases, counterclaims and service problems usually add time.
What happens when a commercial tenant has no lease?
The tenancy can be viewed differently based on how rent was accepted and how the landlord acted. Those records matter from the start.
This page offers general information, not advice on your specific situation. Results in any matter vary, and a prospective client may not obtain the same or similar results. Contact Ayala Law PA to talk through your lease and the default.
