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Florida commercial landlord tenant laws

Florida commercial landlord tenant laws rules and regulations for landlords in Florida.

Melvin Prince
4 min read
Verified May 2026United States flag
FloridaCommercial-leaseCommercial-propertyNNN-leaseProperty-management

Legal Disclaimer

This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.

Effective as of the foundational Florida State Constitution of 1845, commercial lease usage in Florida is governed primarily by Chapter 83, Part I of the Florida Statutes (Nonresidential Tenancies) and the specific terms of the lease agreement. Unlike the detailed residential protections in Part II, Part I is sparse - giving commercial landlords and tenants broad flexibility to negotiate terms, but also placing enormous importance on thorough lease drafting.

Official Law Citation: Commercial landlord-tenant relationships in Florida are governed by Florida Statutes Title VI, Chapter 83, Part I.

Key Differences: Commercial vs. Residential

FeatureResidential (Ch 83, Part II)Commercial (Ch 83, Part I)
Governing LawDetailed statutory protectionsMinimal statute + lease terms
Security Deposit CapNone (but strict handling rules)None (no handling rules)
Deposit Return15/30 days with certified mailPer lease agreement
Maintenance ObligationLandlord must maintain habitabilityNo automatic obligation
Eviction ProcessSpecific notices required3-day notice + summary procedure (County Court)
Entry Notice12 hoursPer lease agreement
Rent ControlNoneNone
Late Fee CapNone (must be reasonable)None (per lease)

Common Lease Structures in Florida

Gross (Full-Service) Lease

Landlord includes operating expenses in a single rental rate. Common in Class A office towers in Miami, Jacksonville, and Tampa.

Modified Gross Lease

Base rent covers some expenses; tenant pays a share of others (typically utilities and janitorial). Common in multi-tenant office and medical buildings.

Triple Net (NNN) Lease

Tenant pays base rent plus property taxes, insurance, and CAM charges. The most common structure for retail, industrial, and single-tenant commercial properties across Florida.

Percentage Lease

Base rent plus a percentage of the tenant's gross revenue above a breakpoint. Common in Florida shopping centers and malls.

Security Deposits

Florida has no statutory requirements for commercial security deposits. There are no limits, no mandated holding methods, no return timelines, and no requirements for interest. Everything is governed by the lease.

For more detail, see our Commercial Security Deposits deep dive.

Eviction Process

Commercial evictions in Florida benefit from the summary procedure statute (§ 51.011), which allows landlords to expedite possession recovery through the County Court (§ 83.21). A 3-day notice is required for nonpayment.

For more detail, see our Commercial Eviction Process guide.

Maintenance and Repairs

There is no automatic obligation for commercial landlords to maintain or repair the property. Maintenance responsibilities are entirely negotiated and defined in the lease.

For more detail, see our Commercial Maintenance Obligations guide.

Getting Started with Compliance

Florida's commercial property market - from Miami's office towers to Orlando's retail corridors - demands meticulous lease management. Landager helps commercial landlords track NNN reconciliation, manage CAM charges, and monitor lease compliance across their Florida portfolio.

Explore more Florida commercial compliance topics:

How Landager Helps

Landager tracks lease terms, commercial lease storage, and custom document retention - making it easy to stay compliant with Florida regulations.

Back to Florida Landlord-Tenant Laws Overview.

Frequently Asked Questions

What are the Florida landlord-tenant laws every property owner should know?

Florida's landlord-tenant law is governed by Chapter 83, Part II of the Florida Statutes (the Florida Residential Landlord and Tenant Act). Key features include no statewide rent control, no statutory cap on security deposits, a 3-day notice for nonpayment evictions, and recent 2024 reforms including anti-squatting protections (HB 621), security deposit alternatives, and the preemption of local tenant protection ordinances.

Read the complete guide

What is the Florida eviction process and how long does it take?

Florida eviction begins with written notice: a 3-business-day notice for nonpayment, a 7-day notice for curable lease violations, or a 7-day unconditional notice for non-curable violations. After notice expires, landlords file an eviction complaint in county court. Self-help evictions (changing locks, removing belongings) are strictly prohibited. Under HB 621 (2024), landlords can now request sheriff intervention to remove squatters without a full eviction process.

Read the complete guide

What are the Florida security deposit rules and return deadlines?

Florida places no cap on security deposit amounts. Deposits must be held in a separate Florida banking institution account or posted as a surety bond. If no deductions are claimed, the deposit must be returned within 15 days. If the landlord intends to make deductions, written notice must be sent by certified mail within 30 days, giving the tenant 15 days to dispute. Landlords may now also offer non-refundable monthly fee alternatives.

Read the complete guide

Does Florida have rent control or caps on rent increases?

No. Florida prohibits rent control statewide as of July 2024, and local tenant protection ordinances that conflict with Chapter 83 have been invalidated. Landlords must provide notice consistent with the tenancy period — 30 days for month-to-month (increased from 15 days in 2024). Some local jurisdictions like Miami-Dade County require 60 days' notice for increases exceeding 5%.

Read the complete guide

What is the grace period for late rent in Florida?

Florida does not mandate a statutory grace period for late rent, and there is no state cap on late fee amounts. However, late fees must be reasonable and specified in the lease agreement. Courts may reject excessive fees as unenforceable penalties. A 3-business-day notice to pay or quit can be served once rent is past due, starting the eviction clock.

Read the complete guide

What disclosures must Florida landlords provide to tenants?

Florida landlords must disclose the identity and address of the landlord or authorized agent, the location and terms of security deposit holding (including whether it's in an interest-bearing account), and lead-based paint hazards for pre-1978 buildings. Starting October 2025, a separate flood-disclosure statement is required for leases of one year or longer, covering known flood damage, past flooding history, and flood insurance claims.

Read the complete guide

What are the Florida lease requirements for rental properties?

Oral leases are valid in Florida for terms under one year. Written leases must comply with Chapter 83 and may not contain clauses waiving the tenant's right to a court proceeding. Certain provisions — like requiring tenants to waive rights to notice before eviction — are void and unenforceable. Month-to-month tenancies now require 30 days' notice for termination by either party.

Read the complete guide

What are Florida landlord maintenance obligations and habitability standards?

Florida landlords must maintain the premises in compliance with building, housing, and health codes. This includes keeping the structure, plumbing, heating, and common areas in good repair, ensuring functioning locks, screens, and windows, maintaining pest control, and providing running water and hot water. Tenants must keep the premises clean and sanitary, and must not deliberately or negligently damage the property.

Read the complete guide
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