How Long Does It Take to Evict a Commercial Tenant in Florida?

How long does it take to evict a commercial tenant in Florida? There’s no single answer. The total time turns on the lease, the notices sent, and how the tenant responds. The process moves through several stages, one after another, and each one can add time. This page walks through each stage in plain terms. It’s written for landlords and business tenants who are researching the process, not for one specific case.

How Long a Commercial Eviction Typically Takes in Florida

The total time is the sum of several stages, and no single stage sets it alone. The stages usually run in this order: the default notice period, filing and service, the tenant’s response time, any hearing or trial, the judgment, and the writ of possession. Each stage can add days or weeks. Some timing comes from statute and some comes from the lease itself.

Four factors move the timeline most. The first is whether the tenant contests the case. The second is how the lease is written, especially its default and notice terms. The third is how busy the county court calendar is. The fourth is whether the tenant leaves after the first notice.

An uncontested case generally moves faster than one where the tenant raises defenses or counterclaims. Your lease and your facts decide where your case lands, so treat these stages as a map rather than a schedule. Keep the stages in mind as you read. Each section below covers one stage and the mistakes that most often slow it down.

How Commercial Evictions Differ from Residential Evictions

Commercial evictions follow a different part of Florida’s landlord-tenant law than most apartment evictions do. Chapter 83, Part I applies to nonresidential tenancies and to tenancies not governed by Part II. Fla. Stat. § 83.001 sets that scope. A guide written for apartments may not match a store, office, or warehouse lease.

A commercial lease is also a negotiated contract. Its default, notice, and cure terms often control what you must send and when. Read those terms before you send anything. A notice that skips a lease requirement can create a dispute you didn’t need.

Don’t assume residential protections or deposit rules carry over to your commercial lease. Check the lease and the statute that governs your tenancy first. This difference matters most at the start, because a wrong first step can restart the clock. The rest of this page assumes a nonresidential lease governed by Part I.

The Default Notice: Where the Clock Starts

The clock usually starts with a written default notice that gives the tenant a chance to cure before you file suit. For unpaid rent, that notice should name the amount due and the time to pay. Check the lease for the required notice period, the delivery method, and the address for notices. Then follow those terms exactly.

Several errors can restart the process. These include a wrong amount, a wrong address, missing language the lease requires, and accepting partial payment without a written reservation. Each mistake gives a tenant an argument to raise later.

Lease violations other than nonpayment often need their own notice and cure period. Don’t reuse the rent notice for a different breach. Each violation may follow its own lease terms. Keep a copy of every notice, along with proof of how and when it was delivered. Those records shape the case if the tenant disputes what happened. Timing errors are costly, so count the lease’s notice period before you plan the filing date.

Filing the Eviction Action and What Happens If the Tenant Responds

Filing starts the court process, and the tenant’s response decides how long the case runs. The landlord files a complaint for possession. Under § 47.011, the action must be brought in the county where the defendant resides, where the cause of action accrued, or where the property is located, but this rule does not apply to actions against nonresidents.

Once filed, the court issues a summons, and the tenant has a set time to answer. The Polk County Clerk eviction page shows the forms, fees, and steps a county clerk publishes for these filings, including non-residential cases. A tenant may answer with defenses or file a counterclaim. Filing a counterclaim for money damages does not excuse the tenant from paying rent into the court registry.

The registry rule matters most. Under § 83.232, a tenant that doesn’t dispute the amount must pay the amount alleged as unpaid into the court registry by its answer deadline. The tenant must also pay rent accruing during the case into the registry when it comes due, 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 that accruing rent into the registry (§ 83.232). Failure to pay as the court orders is deemed an absolute waiver of the tenant’s defenses.

A contested case can take longer, because it can add discovery and a hearing.

Judgment, Writ of Possession, and Removal of the Tenant

Possession disputes can involve several procedural steps, and the specific steps depend on the facts of each case. The writ is the court’s order to remove the tenant. The county sheriff carries it out, and the sheriff’s schedule can affect the final date. That step can add time you can’t control.

Keep copies of the judgment and each writ request in your file, so the sequence is easy to follow. A judgment for unpaid rent or damages is a separate claim. It can need its own collection steps after the tenant leaves. Florida judgment interest is set by the Chief Financial Officer, stated on the judgment, and adjusted each January 1 under § 55.03, except for judgments entered by the clerk of the court pursuant to ss. 55.141, 61.14, 938.29, and 938.30, which are not adjusted annually.

A judgment can also be appealed or challenged. That can affect when you regain possession, so the timeline may stretch past the trial court’s ruling. Each of these steps is a point where a small mistake can push the date back.

Holdover Tenants and Actions That Can Extend the Timeline

A holdover tenant is one who stays after the lease ends or after the tenancy is terminated, and a holdover usually adds time. When a tenant refuses to give up possession at the end of the lease, § 83.06 lets the landlord demand double the monthly rent. The landlord may recover it at the end of each month.

Common delays include defective notices that must be re-served, an answer that raises disputed defenses, a dispute over the rent amount, and a bankruptcy filing that changes the schedule. Self-help can backfire. Changing locks, shutting off utilities, or removing the tenant’s property can create claims against you. The court process is the safer route, even though it takes longer to finish.

Keep dated copies of the lease, every notice, delivery proof, and payment records. A court will look at these documents first. Organize the file before you file, not after.

Talking with Ayala Law PA About Your Commercial Lease

Ayala Law PA can review your commercial lease and talk through the eviction timeline with you. If you’re facing a tenant who stopped paying, a lease violation, or a notice you didn’t expect, you’re likely trying to understand the timeline before you act. That’s a reasonable place to start.

The right notice, the lease language, and the timing of each stage turn on the facts of your situation. A conversation about your lease can clarify your options. Eduardo A. Maura is responsible for this page. The firm’s only office is at 1646 W Snow Ave in Tampa, Florida, and it represents businesses in Tampa and Hillsborough County from there. The firm serves businesses in Tampa and Hillsborough County, and its work includes commercial litigation and real estate litigation.

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