The short answer: how a commercial eviction generally works in Florida
A commercial eviction in Florida generally moves through four stages: review the lease, serve a proper written notice, file a possession case in court, and enforce any judgment through the court process. Florida’s rules for nonresidential tenancies sit in Chapter 83, Part I of the Florida Statutes. Part I applies to nonresidential tenancies and to all tenancies not governed by Part II (Fla. Stat. § 83.001). That means the residential rules don’t control a store, office, or warehouse lease.
Each case turns on the facts: the lease wording, the reason for the eviction, and how the tenant responds. Some landlords try a shortcut by changing the locks or removing the tenant’s property. That route is risky. Under Florida law, a commercial landlord may recover possession only through a court action under Chapter 83, Part I, or when the tenant surrenders or abandons the premises (s. 83.05(2)), so changing the locks is not permitted even if the lease says so, and it is worth discussing with counsel before acting.
If a tenant has quit paying or stayed past the lease, you don't have to sort out the notice and court steps alone. Call Ayala Law PA at (305) 570-2208 to talk it through. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Start with the lease: the terms that control the process
The lease is the first document to read, because it sets the rules for rent, default, and notice. Start with the rent due dates and late-payment terms. They show when a default begins.
Next, check how the lease defines a default. It may list unpaid rent, a violated use clause, or a failure to maintain the space. Many leases also give a cure period, which is a set window for the tenant to fix the problem. If the lease gives one, the notice must respect it.
Then read the notice clause. It names where notices go, to whom, and by what method. Some leases allow email. Others require certified mail to a named address. A notice sent the wrong way gives the tenant a reason to challenge it.
Also read the attorney fee clause. Florida law lets a court allow reasonable attorney’s fees to the party that prevails when a contract provides for fees to enforce it, but only for contracts entered into on or after October 1, 1988 (Fla. Stat. § 57.105). That clause can help or hurt either side, so read it closely. Finally, look for holdover terms, early termination rights, and any security deposit or landlord lien language.
Can you evict a commercial tenant? Notice comes first
Questions about removing a commercial tenant in Florida depend on the lease terms and the facts of each situation. Common reasons include unpaid rent, a violation of the lease, and holding over after the lease ends. Each reason has its own notice path, so match the notice to the actual default.
A written notice should state the amount owed or the violation. It should give the cure deadline if the lease allows one. It should also say what happens if the tenant does not cure. Keep the wording plain and date the notice.
The notice period depends on the reason for the eviction, the lease, and Florida law. Check all three before you send anything. A notice that is late, unclear, or sent to the wrong address can delay the case. In some situations it has to be served again, which adds time. Getting this step right early saves trouble later.
Common pitfalls when serving notices and accepting rent
The most common mistakes are weak proof of delivery, careless rent handling, and informal promises. Each one gives a tenant something to argue.
Accepting rent after a default notice can lead the tenant to argue the landlord gave up the default. Check how the lease treats payments made after a default. Decide in advance how you will handle them, and write that plan down.
Keep proof of delivery. Save certified mail receipts, courier records, or signed acknowledgments. Keep a dated copy of the notice you sent. If you can’t show when and how the notice arrived, the tenant has room to dispute it.
Sending a notice to a generic email address, or to a property manager the lease doesn’t name, creates the same problem. Use the notice address in the lease and send to the people it names.
Be careful with oral extensions. A promise to wait a month, made on a phone call, may not match the lease. If the parties agree to something new, put it in writing and have both sides sign. Verbal understandings are a common source of later disputes.
Filing the possession case and the court steps
A commercial eviction becomes a court case when the landlord files a complaint for possession in the proper Florida court. Florida law says actions are brought only in the county where the defendant resides, where the cause of action accrued, or where the property is located, but this section does not apply to actions against nonresidents (Fla. Stat. § 47.011). For a property in Hillsborough County, the property’s location is one of those options.
The tenant then receives a summons and the complaint. The tenant may file an answer, raise defenses, or file a counterclaim. A counterclaim can lengthen the case.
In a case that includes a possession claim, the tenant generally must pay the amount alleged as unpaid into the court registry. The tenant must also pay rent that comes due during the case. The court may extend these deadlines for good cause (Fla. Stat. § 83.232). If the tenant does not pay as ordered, the statute deems that an absolute waiver of the tenant’s defenses. The landlord may then get an immediate default for possession.
If the landlord wins, the court can enter judgment for possession. Fla. Stat. § 83.232 reads: “Unless the tenant disputes the amount of accrued rent, the tenant must pay the amount alleged in the complaint into the court registry on or before the date on which his or her answer to the claim for possession is due.” Fla. Stat. § 83.232 reads: “(1) In an action by the landlord which includes a claim for possession of real property, the tenant shall pay into the court registry the amount alleged in the complaint as unpaid, or if such amount is contested, such amount as is determined by the court, and any rent accruing during the pendency of the action, when due, unless the tenant has interposed the defense of payment or satisfaction of the rent in the amount the complaint alleges as unpaid.” Possession cases can involve several court steps, and the sequence depends on the facts of each case. One Florida county clerk’s eviction page lists the steps for filing, service, final judgment, and obtaining a writ of possession (Polk County Clerk Evictions). Timing depends on court calendars, whether the tenant contests the case, and whether a hearing or trial is needed.
How much does a commercial eviction cost?
The main costs are court filing and service fees, attorney time, and any hearing or trial. The lease may shift some of these costs to the tenant. The clerk page above lists the filing and service fee categories for non-residential eviction filings.
The lease’s fee clause is the key source of fee recovery. If the lease allows fees for enforcing it, the court may allow reasonable fees to the party that prevails, but only for contracts entered into on or after October 1, 1988 (Fla. Stat. § 57.105). Florida law also requires a court, on its own initiative or on motion, to award fees to the prevailing party, paid in equal amounts by the losing party and its attorney, on any claim or defense the court finds they knew or should have known, when it was first presented to the court or at any time before trial, was not supported by the material facts needed to establish it or by then-existing law applied to those facts. There are exceptions: no law-based sanctions against a represented party, none against an attorney who acted in good faith on the client’s account of the facts, and none on the court’s own initiative unless they are awarded before a voluntary dismissal or settlement of the claims made by or against the party to be sanctioned. Monetary sanctions may not be awarded on the law-based ground if the claim was initially presented as a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law, with a reasonable expectation of success. That is a risk to weigh before filing.
Unpaid rent and property damage are separate from the cost of the court process. When a tenant refuses to give up possession at the end of the lease, the landlord may demand double the monthly rent (Fla. Stat. § 83.06). Rent contracts also bear interest from the time rent becomes due, under the same statute.
Costs rise with the number of steps. A case the tenant contests usually takes more filings, hearings, and time than one it does not contest.
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 tenant can raise, and how a bankruptcy filing changes things
A tenant can respond by disputing the amount owed, challenging the notice, or claiming the landlord broke the lease. Each defense needs proof, so both sides should keep records.
A dispute over the amount to deposit into the registry is narrow. Under Florida law, it is limited to whether the tenant got proper credit for rent paid and what counts as rent under the lease (Fla. Stat. § 83.232). A counterclaim for money damages does not excuse the tenant from paying rent into the registry.
Repair and maintenance disputes can enter the possession case too. Those disputes can affect how fast the case moves. A tenant’s bankruptcy filing can also change the timing of the case. Those effects need careful review of the specific filing.
Landlords should keep rent ledgers, written communications, inspection reports, and copies of every notice. These records help answer a defense if the tenant raises one.
Options for a tenant who wants to end a commercial lease early
A commercial tenant usually leaves a lease early through a clause in the lease, a written agreement with the landlord, or an assignment or sublease the lease allows. The lease controls which of these routes exist.
Lease terms decide the options. Notice periods, personal financial obligations, and remaining rent all matter. A guarantor may remain on the hook even after the tenant leaves, so read those terms before signing anything.
A negotiated surrender agreement should state the move-out date, the condition of the space, the rent owed, and what each side releases. Verbal understandings about an early exit often lead to disputes. Put the deal in writing and have both sides sign.
The firm’s business real estate litigation page covers lease and property disputes in more detail. A separate page on how difficult it is to get out of a commercial lease in Florida covers exit routes.
Frequently asked questions about commercial evictions in Florida
Can a landlord change the locks on a commercial tenant?
Use the court process instead.
Can a landlord evict a tenant who stays after the lease ends?
Yes. Holdover situations depend on the lease terms and the facts of each case. Florida law also allows the landlord to demand double the monthly rent from a tenant who refuses to give up possession (Fla. Stat. § 83.06).
Can a judgment against a tenant become a lien on property?
A judgment becomes a lien on real property in a county once a certified copy is recorded there, but it does not become a lien unless the judgment contains the lienholder’s address or an affidavit with that address is simultaneously recorded with it (Fla. Stat. § 55.10). The judgment must include the lienholder’s address, or an affidavit with that address must be recorded with it (Fla. Stat. § 55.10).
How do you serve an LLC tenant?
Florida law allows process against a domestic or registered foreign LLC to be served on its registered agent (Fla. Stat. § 48.062). Check the company’s registered agent before filing.
Where is a commercial eviction filed?
Florida law generally requires filing in the county where the defendant resides, where the cause of action accrued, or where the property is located, but this does not apply to actions against nonresidents (Fla. Stat. § 47.011).
If you are dealing with a tenant situation now
If a tenant has fallen behind on rent or stayed past the lease end, the next steps can feel unclear. You may be managing a property you did not choose to manage. You may also be a tenant trying to understand what your landlord can do.
Ayala Law PA focuses on business litigation, including commercial and contract disputes, shareholder disputes, construction litigation, real estate litigation, and international trade litigation. The firm can talk through your lease, your notice history, and your next step in plain language. You can call (305) 570-2208 or reach the firm through the contact page. Fees are discussed directly with the firm when you call.
This page is the responsibility of Eduardo A. Maura. The firm’s office is at 1646 W Snow Ave in Tampa, and the firm represents businesses in Tampa, Hillsborough County, and the wider Tampa Bay area.
