A commercial landlord can sue a business tenant for unpaid rent in Florida, and the same case can ask the court to return the space. The lease sets much of what you can recover. Florida’s nonresidential tenancy law fills in the rest. This page explains what you can claim, what to do before filing, how a case moves, and what tenants argue back.
What Is a Commercial Landlord Unpaid Rent Lawsuit?
A commercial rent lawsuit asks a court to order a business tenant to pay what it owes under a commercial lease. The tenant may be a corporation, an LLC, a partnership, or a sole proprietor running a business from the space.
Florida’s rules for nonresidential tenancies sit in Chapter 83, Part I. That part applies to nonresidential tenancies.
Owners of retail, office, industrial, and warehouse space in Hillsborough County and the Tampa Bay area often file this kind of case. A rent claim can stand alone or be joined with a claim for possession in one case.
Where you file matters. Florida’s venue statute says actions shall be brought only where the defendant resides, where the cause of action accrued, or where the property in litigation is located, and it does not apply to actions against nonresidents.
If a business tenant has stopped paying and you're weighing a lawsuit, our team can talk through your lease and records 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.
What Can a Landlord Recover for Unpaid Rent and Charges?
Whether unpaid base rent can be recovered in a commercial lease often depends on the specific lease terms and the facts of the dispute. Other charges depend on what the lease says. Start with the lease’s list of charges, then match each one to a record.
- Base rent: unpaid installments due under the lease through judgment or surrender of the space.
- Operating charges: common-area maintenance (CAM), taxes, and insurance. These count only where the lease provides for them and your records support the amounts.
- Late fees and default interest: only if the lease sets them out.
- Interest on rent: Florida law says contracts for rent bear interest from the time rent becomes due.
- Holdover damages: if a tenant refuses to leave at the end of the lease, Florida law lets the landlord demand double the monthly rent.
- Attorney fees: if the lease has a fee clause allowing attorney’s fees to a party required to take action to enforce the lease, and was entered into on or after October 1, 1988, Florida law lets the court also award reasonable fees to the other side when that side prevails. That risk cuts both ways.
Gather these records before you file: the signed lease and amendments, any personal guarantor agreement, the rent ledger, charge invoices, default and notice letters, and proof of delivery.
What Must Happen Before You File?
The lease’s default and notice clauses come first. They usually set how and where you must tell the tenant about a default. Many leases require written notice, a cure period, and delivery to a specific address.
Send notice exactly the way the lease says. A notice sent the wrong way can delay the case or weaken it.
Keep one clean rent ledger. It should separate base rent, charges, late fees, and credits. It should also show how each payment was applied.
Be careful with partial payments. Accepting money without a written reservation can give the tenant an argument that you gave up the default. Keep notices consistent with each other.
Statutory notice rules for commercial tenancies depend on the facts of each tenancy. Review them before you send anything.
How a Commercial Rent Lawsuit Moves Through Florida Courts
A rent case usually moves through intake, filing, the tenant’s response, discovery, and then settlement or judgment. These steps show the usual order. They are not a set schedule.
- Intake and document review. The lease, notices, ledger, and any guarantor agreement are reviewed first.
- Demand letter. A letter may go to the tenant and any guarantor before suit, when it fits the facts.
- Filing and service. The complaint is filed in a proper venue.
- Response and discovery. The tenant answers, may file counterclaims, and both sides exchange records on the ledger and lease terms.
- If the lease requires arbitration, Florida’s arbitration statute makes that written agreement valid, enforceable, and irrevocable, except on a ground that exists at law or in equity for revoking a contract. A judgment then leads to collection.
What Defenses Do Tenants Commonly Raise?
Tenants often argue that the landlord breached the lease, billed the wrong amounts, or gave up the default. Each argument turns on the lease wording and the records.
- Landlord breach: claims that the landlord failed to maintain the space or interfered with the tenant’s use.
- Disputed charges: challenges to CAM, tax, or insurance reconciliations and late fee math.
- Waiver: arguments based on accepted partial payments, past extensions, or mixed notices.
- Defective notice or service: claims that the required steps were not followed.
- Unfair lease terms: a court must weigh both how the deal was made and how unfair the term is, as Florida’s unconscionability ruling explains.
- Overlapping claims: under Florida case law, an express contract covering the same subject bars unjust enrichment claims arising from that relationship. Build the claim on the lease.
How Ayala Law PA Approaches Commercial Landlord Rent Claims
Ayala Law PA focuses on business and commercial litigation, contract disputes, and real estate litigation in Florida courts and arbitration. The firm’s practice also covers shareholder and construction disputes.
Eduardo A. Maura is the responsible attorney for this page. The firm’s support staff handle file organization, deadlines, and records.
The firm’s only office is at 1646 W Snow Ave in Tampa. The firm serves businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace, and the wider Tampa Bay area.
The firm reviews the lease and documents before discussing a path forward. Your case may be referred to another lawyer or firm.
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.
Common Questions Landlords Ask About Suing for Unpaid Rent
Can a commercial landlord sue for unpaid rent without filing an eviction?
Yes. How a rent claim is filed often depends on the lease terms and the facts of the dispute. It can also be combined with a possession claim in the same case.
Can I recover attorney fees?
Only if the lease has a fee clause. A tenant who wins can also seek fees under that clause.
Can I recover late fees and CAM charges?
Yes, if the lease provides for them and your records support the amounts.
What if the tenant paid part of the rent?
Partial payments can raise waiver and application arguments. Review the ledger before you file.
Where is the case filed?
Venue depends on where the tenant resides, where the claim arose, or where the property is located. Hillsborough County is one possible venue when those facts point there.
Next Step: Talk Through Your Tenant’s Unpaid Balance
The next step is to review your lease, ledger, and notices before choosing a path. A demand letter, a formal default notice, and a lawsuit each carry different steps.
Ayala Law PA does not offer a free consultation. Fee terms are discussed directly with the firm.
To talk through your tenant’s balance, call (305) 570-2208 or request a case evaluation.
