Eviction attorney florida

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. Combined with the lease-driven framework of Chapter 83, Part I, 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 83.20Podgląd niedostępny.

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. The sheriff posts a 24-hour notice and then physically removes the tenant.

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

Unlike residential evictions, where self-help is explicitly prohibited, the legality of self-help remedies for commercial properties in Florida is less clearly defined. Some leases include provisions permitting re-entry and lock changes upon default. However, exercising self-help without a court order is risky and can expose the landlord to liability. Court-ordered eviction is always the safest 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.

Back to Florida Landlord-Tenant Laws OverviewPodgląd niedostępny.