Commercial Eviction Attorney Florida
Commercial eviction attorney Florida services help landlords recover nonresidential property when a tenant stops paying rent or stays after the lease ends. The case moves through a Florida court and can end with a writ of possession if the tenant does not leave. Ayala Law PA handles these disputes within its business litigation practice for landlords and business owners in Hillsborough County and the Tampa Bay area.
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.
Commercial Eviction Attorney Florida Services: What the Case Covers
A commercial eviction is a court action to recover possession of nonresidential property from a tenant after a lease default or expiration.
Part I of Chapter 83 of the Florida Statutes applies to nonresidential tenancies and all tenancies not governed by part II of this chapter, according to Fla. Stat. § 83.001. The lease itself sets much of the case. It covers rent, notice, cure periods and default terms.
A lease holdover happens when a tenant stays in the space after the lease term ends, without a renewal or new agreement. Holdover cases often raise a separate money claim for the months the tenant stays.
Read the default and notice sections first. They show what the court will look for and what your side must prove.
We work with commercial landlords, property owners and business owners in Hillsborough County, Tampa, Brandon, Riverview, Plant City, Temple Terrace and the wider Tampa Bay area. Commercial eviction often overlaps with real estate litigation and contract disputes. Related issues can be reviewed together.
What the Engagement Includes
Our work starts with the lease and the rent records. Then it moves to notices, the court filing and any tenant defenses.
- Review of the lease, amendments, rent ledger, default or expiration notices and correspondence.
- Advice on pre-suit notices and demands, including whether the lease’s notice requirements were met.
- Preparation and filing of the eviction complaint for possession, plus claims for unpaid or holdover rent where the facts support them.
- Responses to tenant defenses and counterclaims, such as notice defects, repair disputes and lease interpretation.
- Coordination of the hearing, judgment and writ of possession steps.
- Negotiated resolutions, such as a surrender agreement, a payment plan or an agreed move-out date, when they fit your goals.
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 demand is made under Fla. Stat. § 83.06. The same section says rent contracts bear interest from the time rent is due.
Under Fla. Stat. § 57.105(7), if a contract allows attorney’s fees to a party that must take action to enforce it, the court may also allow reasonable attorney’s fees to the other party when that party prevails, whether as plaintiff or defendant, for contracts entered into on or after October 1, 1988.
How the Commercial Eviction Process Works in Florida
A commercial eviction usually moves through notice, filing, service, a response period, a hearing or judgment, and a writ of possession.
- Intake. You send the lease, rent history, notices and tenant messages.
- Assessment. We identify the grounds for possession, the notice rules under the lease and Chapter 83, and likely defenses.
- Filing and service. An action shall be brought only in the county where the defendant resides, where the claim arose, or where the property is located, under Fla. Stat. § 47.011. This rule does not apply to actions against nonresidents.
- Response, hearing or default. The tenant may respond, and the case may move to a hearing and judgment.
- Writ of possession. This is how the property is recovered if the tenant does not leave.
Rent during the case matters. Under Fla. Stat. § 83.232, in an action by a landlord that includes a claim for possession of real property, the tenant must pay into the court registry the amount alleged in the complaint as unpaid on or before the date the answer to the claim for possession is due, unless the tenant disputes that amount, in which case the amount the court determines must be paid on the day the court makes that determination. This applies unless the tenant has raised the defense of payment or satisfaction of the rent in the amount the complaint alleges as unpaid. If the tenant disputes the amount, the tenant must pay the amount the court determines into the court registry on the day the court makes that determination. The tenant must also pay into the court registry any rent that accrues during the case, when due. Even if the tenant has raised the defense of payment, the court may, in its discretion, order it to pay accruing rent into the registry. The court can extend these dates for good cause. A tenant who does not pay as ordered is deemed to have waived its defenses. The landlord can then get an immediate default for possession.
Timing turns on the lease terms, the court’s calendar and whether the tenant contests the case.
Common Commercial Eviction Situations We Handle
Most commercial eviction cases involve unpaid rent, a holdover after expiration, or a material lease violation.
- Nonpayment of base rent, common area charges or other lease-required payments.
- A holdover after the lease expires, including a tenant who refuses to leave or claims an oral renewal.
- Material lease violations, such as unauthorized use, assignment or subletting, or failure to keep required insurance.
- A tenant defense that the landlord breached a repair or quiet enjoyment duty.
- An eviction tied to a broader contract dispute, where related claims may be handled together.
Many of these disputes turn on the rent ledger, so accuracy matters early. Claims can also overlap, and we review them together.
Why Work With Ayala Law PA
Ayala Law PA focuses its practice on business litigation, and commercial eviction matters are handled within that practice.
Our lawyers handle commercial, contract, shareholder, construction, real estate and international trade disputes in Florida courts and arbitration. Lease questions often tie to contract and property issues, so we review them together.
Eduardo A. Maura is the responsible lawyer for this page. Our support staff keeps filings, deadlines and client communication organized.
We aim to keep you informed about the schedule, filings and decisions that need your input. We serve landlords and business owners in Hillsborough County, Tampa, Brandon, Riverview, Plant City, Temple Terrace and the wider Tampa Bay area.
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.
Frequently Asked Questions About Commercial Eviction in Florida
Do residential eviction rules apply to commercial leases?
The terms of a commercial lease can play a significant role in how a dispute is handled.
Lock changes and removed property in commercial lease disputes
Lock changes and the removal of a tenant’s property are sensitive steps in a commercial lease dispute, and the specific facts and lease terms matter. Possession is pursued through the court process.
What if the tenant pays part of the rent during the case?
How a partial payment is treated depends on the lease, the notice given and the amount in dispute.
Who pays the attorney’s fees?
Each side generally pays its own fees unless a contract or statute provides otherwise, under Price v. Tyler (Florida Supreme Court). Fees and costs depend on the scope of the matter. Court filing fees, process service and other third-party charges are separate, and we explain our fees and those costs in writing.
Should I wait for the lease to expire before acting?
Timing turns on the lease language and notice requirements. Review should happen before the next notice or deadline.
Talk With Us About Your Lease Dispute
If a tenant has stopped paying or won’t leave at lease end, the next step is a review of your lease and rent records.
Call (305) 570-2208 or send a case evaluation request. Describe the lease, the rent history and any notices you have sent or received.
Some matters may be referred to another lawyer or law firm. Eduardo A. Maura is responsible for this page. Our office is at 1646 W Snow Ave, Tampa, Florida.
