Florida Commercial Eviction Process

Florida commercial evictions benefit from the state's summary procedure statute (§ 51.011), which allows landlords to recover possession more quickly than through standard litigation. Governed primarily by Chapter 83, Part I of the Florida Statutes (which was extensively revised by Chapter 67-254, effective 1 July 1967), commercial landlords have powerful tools to address tenant defaults - but must follow proper procedure.

Official Law Citation: The specific grounds for evicting a commercial tenant are detailed in Florida Statutes Section 83.20Preview unavailable.

Notice Requirements

3-Day Notice for Nonpayment

The most common commercial eviction notice. Under § 83.20, the landlord must provide written notice demanding payment or surrender of possession within 3 days. The notice should:

• State the exact amount of rent due.
• Specify the consequences of non-compliance (eviction lawsuit).
• Be properly served on the tenant.

Lease-Based Default Notices

For non-monetary defaults, the lease typically defines:

• What constitutes a default.
• The cure period (commonly 10–30 days).
• Whether the default is curable or non-curable.

The Summary Procedure (§ 51.011)

Florida's summary procedure accelerates the eviction timeline compared to standard civil litigation:

Step 1: Serve the Required Notice

Serve the appropriate notice (3-day for nonpayment, lease-specific for other defaults).

Step 2: File the Eviction Complaint

After the notice period expires without compliance, file a complaint for eviction with the county court. The complaint is filed under the summary procedure statute.

Step 3: Tenant's Shortened Response Time

Under summary procedure, the tenant has only 5 days to file a responsive pleading (compared to 20 days in standard litigation). This significantly accelerates the process.

Step 4: Trial or Default Judgment

• If the tenant does not respond, the landlord seeks a default judgment.
• If the tenant responds, the court schedules a prompt hearing - typically within weeks rather than months.

Step 5: Final Judgment and Writ of Possession

If the court rules for the landlord, a Final Judgment is entered and a Writ of Possession is issued. Pursuant to Florida Statutes Section 83.241, the clerk issues a writ commanding the sheriff to put the landlord in possession. The sheriff is authorized to execute the writ immediately upon receipt; unlike residential tenancies, there is no statutory requirement for the sheriff to post a 24-hour notice before executing a writ of possession in a commercial eviction.

Landlord Remedies Beyond Eviction

Florida commercial leases commonly include:

• Acceleration of rent - all remaining rent for the lease term becomes due.
• Liquidated damages - a pre-agreed sum payable upon default.
• Right to re-let - landlord re-leases the space and charges the original tenant for any shortfall.
• Recovery of attorney fees and costs - per lease provisions.
• Landlord's lien - Florida recognizes a statutory landlord's lien on the tenant's personal property for unpaid rent (§ 83.08).

Self-Help Eviction

Under Florida Statute § 83.05(2), self-help evictions (such as changing locks or terminating utilities) are strictly prohibited for commercial tenancies. A landlord may only recover possession through:

1. An action for possession under § 83.20;
2. Voluntary surrender of the premises by the tenant; or
3. Abandonment of the premises by the tenant.

Even if a commercial lease includes a clause permitting self-help re-entry, Florida courts generally hold that the statutory procedure is the exclusive method for regaining possession. Court-ordered eviction through the County Court is always the required approach.

How Landager Helps

Landager tracks lease terms, commercial lease timeline tracking, and custom notice triggers - making it easy to stay compliant with Florida regulations.

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