Florida Commercial Eviction Process: A Landlord’s Guide

Every day a non-paying tenant occupies your commercial property, you’re losing money and putting your investment in jeopardy. While the thought of a legal battle can be daunting, the cost of inaction is often far greater. The most effective way to stop the financial drain and find a new, reliable tenant is to act decisively and correctly. Following the proper commercial eviction process florida is the fastest path to regaining control of your asset. This guide will walk you through the necessary steps, common tenant defenses, and the potential costs involved, giving you a realistic picture of what to expect as you work to protect your business and your property.

Key Takeaways

• Master the Notice Requirements to Start Strong: Florida law is incredibly specific about eviction notices. Whether it’s a three-day notice for unpaid rent or a fifteen-day notice for other violations, getting the details and delivery method right is non-negotiable. A single mistake can force you to start the entire process over.
• The Commercial Lease is the Controlling Document: Unlike residential evictions, the terms you and your tenant agreed to in the lease hold the most weight. Before taking any action, review your agreement to understand the specific definitions of default and the procedures you must follow.
• Avoid “Self-Help” and Invest in Legal Counsel: Taking matters into your own hands by changing locks or shutting off utilities is illegal and will backfire. The only lawful path is through the court system, and hiring an experienced attorney is the surest way to handle the process correctly and avoid critical errors that could cost you time and money.

Legal Grounds for Commercial Eviction in Florida

Before you can begin the eviction process, you need a legally valid reason, often called “grounds,” to remove a commercial tenant. Florida law is specific about what qualifies, and understanding these grounds is the first step in protecting your property and investment. Attempting to evict a tenant without a proper legal basis can lead to costly delays and even lawsuits against you. The strength of your case will always come back to the terms outlined in your lease agreement and your adherence to state statutes.

Working with experienced real estate attorneys can help ensure you have the proper grounds and documentation before taking action. Let’s walk through the most common reasons for legally evicting a commercial tenant in Florida.

Failing to Pay Rent

This is the most frequent reason for initiating an eviction. When a commercial tenant misses a rent payment, the lease has been breached. However, you can’t simply change the locks. Florida law requires you to first provide the tenant with a formal written notice. This notice must give the tenant three business days to pay the overdue rent or vacate the property. This three-day notice is a non-negotiable prerequisite; without it, any eviction process you start will be invalid. It serves as a formal warning and gives the tenant a final opportunity to fix the problem before you proceed with legal action.

Violating the Lease Agreement

Beyond failing to pay rent, a tenant can be evicted for violating other terms of the lease agreement. These violations can cover a wide range of issues, such as subletting the space without your permission, conducting illegal activities on the premises, or failing to maintain required business hours. The lease is your guiding document, so it’s crucial that it clearly defines the tenant’s obligations. If a violation occurs, you must provide the tenant with a written notice that details the specific breach and gives them a chance to correct it. Proper documentation of these lease violations is essential if the matter ends up in court.

Staying After the Lease Ends (Holdover Tenancy)

When a lease term expires and the tenant refuses to leave, they become a “holdover tenant.” Even though the lease has ended, you still need to follow a formal eviction process to regain possession of your property. You cannot simply remove their belongings or lock them out. For a holdover tenancy, the required notice period can vary depending on the original lease terms and how often rent was paid (e.g., weekly or monthly). Following the correct legal procedure is critical to ensure the tenant is removed lawfully and you can prepare the property for a new occupant without unnecessary legal complications.

Neglecting Property Maintenance

While this is often raised as a tenant’s defense, it’s something every landlord needs to understand from the start. Your lease agreement outlines responsibilities for both you and your tenant, including property maintenance. If you, as the landlord, have failed to make necessary repairs or maintain the property as agreed upon in the lease, a tenant may use this to fight an eviction. For example, a tenant might argue they withheld rent because you failed to fix a leaking roof that was damaging their inventory. This highlights why it’s so important for landlords to uphold their end of the lease to ensure any future eviction stands on solid legal ground.

Florida’s Eviction Notice Requirements

Before you can file for an eviction in Florida, you must first provide your commercial tenant with a formal written notice. This step is not optional; it’s a legal requirement that serves as the official starting point of the eviction process. Getting this notice right is critical, as any mistake can invalidate your entire case, forcing you to start over and lose more time and money. The notice itself is a legal document with a clear purpose: it informs the tenant of a specific problem—either unpaid rent or a lease violation—and gives them a legally defined period to correct it.

Think of this notice as your first piece of evidence. It needs to be precise, professional, and delivered exactly according to state law. This isn’t the time for a casual email or a verbal warning. The formality is there for a reason. It creates an official record that you, the landlord, have acted in good faith and followed the proper legal channels. It also ensures the tenant cannot claim they were unaware of the issue. The specific type of notice and the timeline you must provide depend on the nature of the tenant’s breach of the lease agreement. Understanding these distinctions is the key to a smooth and legally sound eviction.

The Three-Day Notice for Unpaid Rent

When a commercial tenant fails to pay rent on time, Florida law requires you to serve them with a three-day notice. This document formally states the exact amount of rent owed and gives the tenant three business days (excluding weekends and legal holidays) to either pay in full or vacate the property. This notice is a clear and final warning before you proceed with filing an eviction lawsuit. Because disputes over payment are common, it’s crucial that the notice is accurate and professionally drafted, as it will become a key piece of evidence in any future business litigation. An incorrect amount or a miscalculation of the deadline can render the notice invalid.

The Fifteen-Day Notice for Lease Violations

If the reason for eviction isn’t about rent but another breach of the lease, you’ll need to use a fifteen-day notice. This applies to situations where a tenant is misusing the property, has unauthorized pets, or is violating other specific terms of your agreement. The notice must clearly describe the violation and give the tenant 15 days to correct the issue. If the tenant fails to fix the problem within that timeframe, you can then move forward with the eviction process. Being specific and clear in this notice is essential, as vague claims like “not maintaining the property” can be easily challenged in court. You need to state exactly what the tenant did wrong.

How to Properly Serve an Eviction Notice

How you deliver the notice is just as important as what it says. To be legally valid in Florida, an eviction notice must be properly served. You can do this by hand-delivering it to the tenant, leaving it at the business premises if the tenant is absent, or sending it by certified mail. You can also post the notice in a conspicuous place on the property, like the front door. Keep in mind that if you only mail the notice, Florida law may add five days to the notice period. Whatever method you choose, documenting it is critical. Take a photo of the posted notice or keep the certified mail receipt as proof of proper delivery.

Common Mistakes in Delivering Notices

Simple errors in an eviction notice can have major consequences. One of the most frequent mistakes landlords make is delivering a notice with incorrect information, such as the wrong amount of rent due or an unclear description of a lease violation. Another common pitfall is improper service—for example, just emailing the notice when the lease doesn’t allow for it. If the notice is found to be defective in any way, a judge will likely dismiss your eviction case, forcing you to start the entire process over from scratch. This means more lost rent and more legal fees. Working with experienced attorneys can help you avoid these costly and frustrating mistakes from the very beginning.

A Step-by-Step Guide to Filing for Eviction

Once you’ve confirmed you have legal grounds to evict a commercial tenant, you must follow a specific legal process. Taking matters into your own hands can lead to serious legal trouble. The Florida Statutes outline a clear path for landlords to follow, ensuring that the eviction is handled lawfully and fairly. Following these steps carefully is the best way to protect your property and your rights as a landlord. Let’s walk through the process from start to finish.

Step 1: Review the Commercial Lease

Before you do anything else, take a close look at your lease agreement. This document is the foundation of your relationship with the tenant and will guide the eviction process. Your lease should outline what constitutes a default, such as failing to pay rent or violating other terms. It may also specify the type of notice you need to provide and how much time the tenant has to fix the problem. As long as the terms don’t conflict with Florida law, the lease controls the situation. A well-drafted agreement is one of the most important tools in business law, and in an eviction, its strength becomes clear.

Step 2: Serve the Correct Legal Notice

After reviewing the lease, your next move is to serve the tenant with a formal written notice. The type of notice depends on the violation. For unpaid rent, Florida law requires a three-day notice demanding payment or possession of the property. For other lease violations, like unauthorized property use, you must provide a 15-day notice to cure the issue. It is absolutely essential that this notice is drafted correctly and delivered according to legal standards. Any mistake, no matter how small, could get your case dismissed, forcing you to start the entire process over from the beginning.

Step 3: File the Eviction Lawsuit

If the tenant doesn’t pay the rent or fix the violation within the notice period, it’s time to file an eviction lawsuit. In Florida, this is formally called a Complaint for Unlawful Detainer. You will file this complaint with the court in the county where the property is located. The complaint will state why you are evicting the tenant and what you are seeking, which is typically possession of the property and any past-due rent. Filing this lawsuit officially begins the legal proceedings and moves the dispute into the court system, a key part of real estate litigation.

Step 4: Formally Serve the Tenant

Once the lawsuit is filed, you can’t just email a copy to the tenant. You must have them formally “served” with the complaint and a summons from the court. This is usually done by the local sheriff’s department or a certified private process server. This step ensures the tenant is officially aware of the lawsuit and has an opportunity to respond. After being served, the tenant has five business days to file a response with the court. Proper service is a critical part of due process, and failing to do it correctly can halt your eviction case in its tracks.

What to Expect in Court

Once you’ve filed the eviction lawsuit, the matter officially enters the court system. This part of the process is less about confrontation and more about following specific legal procedures. It’s a structured path with deadlines and rules, and having an experienced business attorney to guide you is essential. Your lawyer will handle the filings, communicate with the court, and represent your interests, allowing you to focus on your business.

The court phase begins the moment your tenant is formally notified of the lawsuit. From there, the path forward depends entirely on how—or if—they respond. They might choose to fight the eviction, which will lead to a hearing where both sides present their case. Or, they might not respond at all, which can speed up the process significantly. Understanding these potential routes will help you set realistic expectations for the time and effort involved. The goal is to secure a judgment for possession, which is the court order that legally allows you to retake your property.

The Tenant’s Five-Day Response Window

After you file the eviction complaint, the next critical step is formally serving the tenant with the lawsuit. This isn’t just a casual heads-up; it’s a legal requirement that must be done correctly by a sheriff’s deputy or a certified process server. Once the tenant receives the complaint, a five-day countdown begins.

According to Florida law, the tenant has five business days to file a formal response with the court. This response is their opportunity to state any defenses they have against the eviction. If they believe you’ve done something wrong or that the eviction is invalid, this is their time to say so. The tenant’s action—or inaction—during this window will determine the immediate next steps in your case.

Handling Court Hearings and Proceedings

What happens after the five-day window closes depends on the tenant’s response. If the tenant fails to respond within the deadline, you can ask the court for a default judgment. This means you win the case by default because the tenant didn’t show up to defend themselves. It’s the quickest path to a resolution.

However, if the tenant files a response with a defense, a judge will schedule a hearing to listen to both sides. At this hearing, you’ll need to present your evidence and arguments to support the eviction. It’s important to know that most commercial eviction cases in Florida are decided by a judge in what’s known as a bench trial, not by a jury. This generally makes the proceedings faster and more focused on the direct legal facts of the case.

Understanding Summary Judgment vs. a Full Trial

If the tenant contests the eviction, it doesn’t always mean you’re headed for a lengthy trial. If the facts of the case are clear and the tenant’s defense is legally insufficient, your attorney may file a motion for summary judgment. This asks the judge to rule in your favor without a full hearing, arguing that there are no genuine disputes over the key facts. This can save considerable time and expense.

If the tenant files a valid counterclaim or if the facts are in dispute, the case will proceed to a hearing where both parties present their case. Should the judge rule in your favor, a Judgment for Possession will be issued. From that point, the tenant typically has a very short window to vacate the property before the final step of the eviction process begins. Navigating these real estate law proceedings requires careful preparation and a clear strategy.

Common Tenant Defenses in Eviction Cases

Even when you feel you have a clear-cut case for eviction, it’s smart to prepare for potential challenges. Tenants have the right to present a defense in court, and understanding what those common arguments are can help you anticipate and address them effectively. A tenant’s defense doesn’t automatically mean your eviction will fail, but it does mean you need to have your documentation and legal arguments in order. Being aware of these defenses is the first step in building a stronger case and ensuring the process moves forward as smoothly as possible. An experienced real estate attorney can help you prepare for these and other potential roadblocks.

Arguing Improper Notice

One of the most frequent defenses a tenant will raise is that they didn’t receive proper legal notice. Florida law is very specific about how landlords must notify tenants of a lease violation or non-payment of rent, including the timeline and the method of delivery. If you make a mistake—like not giving the tenant the full three days to pay or failing to serve the notice correctly—a judge could dismiss your eviction case. This forces you to start the entire process over from the beginning, costing you valuable time and money. That’s why following the notice requirements to the letter is absolutely critical.

Claiming the Landlord Broke the Lease

A lease agreement is a contract with obligations for both parties. A tenant may argue that you, the landlord, have failed to meet your responsibilities under the lease. This could involve anything from not maintaining the property as promised to failing to provide essential services outlined in the agreement. If a tenant can successfully show that you are the one who first breached the contract, it can seriously weaken your grounds for eviction. This defense highlights the importance of keeping up with your own duties and documenting all maintenance and communications with your tenants.

Alleging Retaliatory Eviction

Florida law protects tenants from being evicted as a form of punishment. A retaliatory eviction occurs when a landlord tries to remove a tenant for exercising a legal right. For example, if your tenant reported a legitimate health or safety code violation to the authorities and you immediately served them with an eviction notice, they could argue it was retaliation. This defense is designed to prevent landlords from using eviction as a tool to silence tenants. To counter this, you must be able to show a legitimate, non-retaliatory reason for the eviction, backed by solid evidence.

Proving Rent Was Paid

The simplest defense against an eviction for non-payment is for the tenant to prove they actually paid the rent. Sometimes, this is a matter of clearing up a simple misunderstanding or accounting error. A tenant can present evidence like bank statements, canceled checks, or payment receipts to show their account is current. If they can prove payment was made according to the lease terms, the eviction lawsuit will likely be dismissed. This is why meticulous record-keeping is so important for landlords. Having a clear and accurate ledger of all payments received is your best tool to counter this defense.

Potential Outcomes and Expected Timelines

After you’ve filed the lawsuit and the case has been heard, the eviction process moves into its final stages. What happens next depends on the court’s decision and the tenant’s compliance. Understanding these potential outcomes and the general timeline can help you set realistic expectations as you work to regain possession of your commercial property. This phase is where legal formalities translate into physical action, guided by court orders and law enforcement.

Receiving a Judgment for Possession

The first major milestone after filing your lawsuit is obtaining a judgment for possession. If your tenant fails to respond to the lawsuit within the required five business days, you can ask the court for a default judgment, which means you win automatically. If the tenant does respond and raises a defense, a judge will hear both sides of the story before making a decision. In most Florida commercial eviction cases, a judge decides the outcome. A favorable ruling provides you with a legal document that officially declares your right to reclaim the property, setting the stage for the next steps.

Executing the Writ of Possession

Once you have a judgment in your favor, the court clerk will issue a “writ of possession.” Think of this as the court’s official order to law enforcement to remove the tenant. This document is delivered to the sheriff’s office in the county where your property is located. The writ directs the sheriff to put you back in possession of your property. Typically, the sheriff will provide the tenant with a 24-hour notice to vacate the premises before taking further action. This formal notice makes it clear that the tenant’s time to leave voluntarily is over.

The Sheriff’s Role in Removing the Tenant

The sheriff is responsible for the final, and often most difficult, part of the eviction. After the 24-hour notice period expires, a deputy will return to the property. If the tenant has not left, the sheriff will ensure they are removed. The sheriff will post a notice to make sure this happens and will keep the peace while you or a locksmith changes the locks. This action legally prevents the tenant from re-entering the property and officially restores your control. The sheriff’s presence ensures the transfer of possession is handled safely and according to the law.

How Long Does the Process Take?

A common question from landlords is, “How long will this all take?” The truth is, the eviction process can take anywhere from a few weeks to several months. An uncontested eviction where the tenant doesn’t respond is the fastest path. However, if the tenant fights the eviction, you can expect a longer timeline involving court hearings and potential delays. Factors like the court’s schedule and the sheriff’s availability also play a role. Working with an experienced business attorney can help you handle each step efficiently and avoid unnecessary setbacks.

Commercial vs. Residential Evictions: Key Differences

If you’re a landlord for both commercial and residential properties, it’s easy to assume the eviction process is the same for both. However, Florida law treats these two situations very differently. Understanding these distinctions is essential for protecting your rights and avoiding legal missteps that could derail your case. The rules governing commercial tenancies are often found within the lease agreement itself, while residential evictions are more heavily regulated by state statutes designed to protect tenants’ housing rights. Treating a business tenant like a residential one can lead to costly delays and even dismissal of your eviction lawsuit.

Fewer Tenant Protections

One of the most significant differences is that commercial tenants have far fewer statutory protections than residential tenants. Florida law generally presumes that a commercial lease is a contract between two knowledgeable business parties who can negotiate terms on a level playing field. Because of this, the lease document holds incredible weight.

Unlike residential leases, where laws dictate things like security deposit handling and landlord access in great detail, commercial leases offer more flexibility. This means your rights and the tenant’s obligations are primarily defined by the agreement you both signed. While the process must still be fair, the extensive safety nets built into the Florida Residential Landlord and Tenant Act do not apply to your business tenants.

Different Notice Periods

The timeline for notifying a tenant of a lease violation is another key point of divergence. For commercial properties in Florida, the notice periods are specific and must be followed precisely. If a commercial tenant fails to pay rent, you are required to provide a three-day notice, giving them that window to pay or vacate the premises. This notice period excludes weekends and legal holidays.

For any other lease violation, such as unauthorized use of the property or failure to maintain it, the requirement is a 15-day notice to cure the violation. These timelines are often shorter and more rigid than those for residential tenancies. Using the wrong notice form or miscalculating the deadline can invalidate your eviction effort, forcing you to start the entire process over. An experienced real estate attorney can ensure you serve the correct notice from the start.

Variations in Court Procedures

While both types of evictions require a landlord to file a lawsuit to legally remove a tenant, the court procedures can vary. Commercial eviction cases are handled under a different part of Florida statutes, and the legal arguments and defenses available to tenants are much narrower. For example, a commercial tenant generally cannot withhold rent because the landlord failed to make repairs, a defense that is sometimes available to residential tenants.

Because the lease is the central document, court proceedings often focus strictly on whether a breach occurred according to the contract’s terms. This can sometimes lead to a faster resolution than in residential cases, which may involve more complex statutory defenses. Still, you must follow the proper legal steps, from filing the complaint to attending hearings, to secure a judgment for possession.

Critical Mistakes to Avoid During an Eviction

The commercial eviction process in Florida is strict. While it may feel frustrating when a tenant violates their lease, following the legal procedures to the letter is the only way to reach a successful outcome. A single misstep can get your case thrown out of court, forcing you to start over from square one. This costs you more time, more money, and more stress. By understanding the most common pitfalls, you can ensure your eviction process is handled correctly and efficiently from the start. Protecting your property and your rights begins with knowing what not to do.

Avoiding Illegal “Self-Help” Evictions

When a tenant isn’t paying rent or is damaging your property, it’s tempting to take matters into your own hands. However, actions like changing the locks, shutting off the power or water, or removing the tenant’s belongings are considered illegal “self-help” evictions. Florida law is very clear: you cannot use these types of forceful methods to remove a commercial tenant. The only lawful way to evict a tenant is by obtaining a court order. Engaging in self-help tactics can expose you to a lawsuit from the tenant for damages, and it will almost certainly jeopardize your actual eviction case in court.

Failing to Keep Detailed Records

Your success in an eviction lawsuit often comes down to the quality of your records. Before a judge will grant an eviction, you must prove your case. This means showing that a valid lease exists, the tenant breached it, you provided proper notice, and the tenant failed to comply. Without meticulous documentation, this becomes your word against theirs. Be sure to keep copies of the signed lease, all written correspondence, proof of rent payments (and non-payments), photos of the property’s condition, and receipts for any repairs. Strong records form the backbone of a successful business litigation case and are your best evidence in court.

Overlooking Key Lease Clauses

The commercial lease agreement is the most important document in your relationship with your tenant. Its terms dictate the rights and responsibilities of both parties and will guide the entire eviction process. Before you even draft a notice, you must review the lease carefully. Pay close attention to clauses detailing what constitutes a default, the specific notice requirements, and any opportunities the tenant has to “cure” or fix the violation. A vague or poorly written lease can create loopholes a tenant can exploit. As one legal expert notes, the terms of the lease control the process, so make sure you understand exactly what your agreement says.

Misunderstanding Tenant Rights

While commercial tenants have fewer statutory protections than residential ones, they still have rights. A tenant can successfully fight an eviction if you failed to provide proper notice, if you also breached the lease agreement, or if they can prove the eviction is retaliatory. For example, if you try to evict a tenant immediately after they make a legitimate complaint about the property’s condition, they may claim retaliation. Understanding these potential defenses is crucial. Ensuring your own actions are fully compliant with both the lease and Florida law is the best way to handle any real estate litigation and prevent the tenant from gaining the upper hand in court.

Understanding the Costs of Commercial Eviction

Deciding to evict a commercial tenant is never easy. Beyond the frustration and lost income, there’s a formal legal process that comes with its own set of costs. Having a clear understanding of these expenses from the start can help you create a realistic budget and reduce some of the stress involved. Think of it not as another loss, but as a necessary investment to regain control of your valuable commercial property and move forward. The eviction process isn’t free, and trying to cut corners can lead to costly delays or even a dismissed case, forcing you to start all over again.

The total cost of a commercial eviction in Florida is broken down into three main categories. First, you have the court filing fees, which are the administrative costs required to officially open a case with the legal system. Second, there are the legal and attorney’s fees, which cover the expertise needed to handle your case correctly and efficiently. Finally, you’ll have sheriff and service fees, which pay for the formal delivery of legal documents to your tenant. Each of these expenses is a crucial piece of the puzzle, ensuring your eviction is handled professionally and in full compliance with Florida law. Planning for them will give you a clearer path to resolving the situation and finding a new, reliable tenant for your property.

Court Filing Fees

The first financial step in any eviction is paying the court to formally open your case. These are the non-negotiable administrative costs required to get your lawsuit on the official court docket. In Florida, you can generally expect the standard court filing fee to be about $185. In addition to this initial fee, the court charges $10 for each summons it issues. A summons is the official legal document that notifies your tenant that a lawsuit has been filed against them and specifies how long they have to respond. Since you cannot proceed without the court’s involvement, these fees are an essential and unavoidable part of the process. Paying them is what officially sets the legal wheels in motion.

Legal and Attorney’s Fees

While it might be tempting to handle an eviction yourself to save money, the complexities of commercial landlord-tenant law make this a risky choice. A simple procedural mistake can derail your entire case. This is why budgeting for legal representation is so important. Many Florida law firms offer flat fees for uncontested commercial evictions, which can range from $750 to $2,500. This predictable cost covers the guidance of a legal professional who will ensure all documents are prepared and filed correctly. Hiring an experienced business litigation attorney is an investment in peace of mind, protecting your interests and giving you the best chance at a swift, successful outcome.

Sheriff and Service Fees

After you file the eviction lawsuit, the law requires that your tenant be formally notified. You can’t just email them or leave a note on their door. This official notification, called “service of process,” must be performed by a neutral third party. In most cases, this is handled by the local sheriff’s department. The cost for the sheriff to serve the eviction notice is typically around $40 for each defendant named in the lawsuit. This fee is critical because, without proof of proper service, your case cannot move forward. It ensures the tenant has been legally informed of the proceedings, satisfying a fundamental requirement of the court process and preventing the tenant from claiming they were never notified.

Best Practices for Florida Landlords

Navigating a commercial eviction requires careful planning and attention to detail. While the process can feel overwhelming, following a few key best practices can protect your investment and ensure you act in accordance with Florida law. These steps can help you build a stronger case, save time and money, and achieve a smoother resolution.

Maintain Meticulous Records

Think of your documentation as the foundation of your eviction case. It’s crucial to gather and organize evidence that supports your position, especially if the eviction is for reasons other than unpaid rent. Keep copies of the signed lease, all written correspondence with the tenant, and a detailed log of rent payments. If the issue involves property damage or lease violations, take clear, dated photos and videos. This evidence becomes invaluable if you need to prove your case in court, demonstrating a clear and professional record of the tenancy and the issues that arose.

Know When to Mediate

Sometimes, the most strategic move is a business decision, not a legal one. Before jumping straight to eviction, consider if mediation or a forbearance agreement could be a better solution. If you have a long-term tenant who has fallen on temporary hard times, offering a structured repayment plan might be more cost-effective than finding a new tenant. An open conversation can sometimes resolve the issue without the time and expense of a formal court process. This approach isn’t right for every situation, but it’s a valuable option to keep in your toolkit for preserving a business relationship when possible.

Consult with a Business Attorney

Before you take any official action, it is essential to speak with an attorney. Florida law is very specific, and a simple mistake can get your case dismissed. For instance, if your commercial property is owned by a corporation or an LLC, you are legally required to be represented by an attorney in an eviction case. An experienced business law attorney can review your lease, ensure your eviction notice is correct, and handle all legal filings, protecting you from procedural errors that could derail your case and cost you more in the long run.

Use a Professional Process Server

How you deliver an eviction notice matters. While you might be tempted to hand it to the tenant yourself, the most effective method is to hire a professional process server. A process server ensures the notice is delivered and posted according to legal requirements, which officially starts the clock on the eviction timeline. This small investment helps prevent a common tenant defense—claiming they never received the notice. Using a professional provides you with a formal record of service, which strengthens your case and helps avoid unnecessary delays in court.

Related Articles

• Evictions Lawyer And Landlord Representation – Legal Counsel P.A.
• Evictions – Legal Counsel P.A.
• Eviction Or Unlawful Detainer? What’s The Difference And How Do You Remove an Unwanted Person From Your Florida Home? – Legal Counsel P.A.
• 5 Signs You Need a Landlord Tenant Dispute Lawyer
• Evicting Residential Tenants Without Written Lease Agreements – Legal Counsel P.A.

Frequently Asked Questions

Can I just change the locks if my tenant stops paying rent? Absolutely not. While it might seem like the quickest solution, taking matters into your own hands by changing the locks, shutting off utilities, or removing the tenant’s property is considered an illegal “self-help” eviction in Florida. Doing so can expose you to a lawsuit from the tenant for damages and will ultimately hurt your ability to legally reclaim your property through the court system. The only lawful way to remove a commercial tenant is by obtaining a court order.

What happens if the tenant pays the rent in full during the three-day notice period? If your tenant pays the entire overdue amount within the three business days specified in the notice, the eviction process for non-payment stops. The purpose of the three-day notice is to give the tenant a final, formal opportunity to fix the problem. Once they have paid, the lease is considered current again, and you no longer have legal grounds to proceed with an eviction based on that specific instance of late rent.

How is evicting a business really different from evicting a residential tenant? The biggest difference is that the commercial lease agreement is the most important document in the process. Florida law provides far fewer built-in protections for business tenants, assuming they are more sophisticated parties who negotiated a contract. This means the terms you both agreed to in the lease will almost always dictate the rules. The notice periods are also stricter, and common residential defenses, like withholding rent for repair issues, generally do not apply in a commercial context.

Do I absolutely need an attorney for a commercial eviction? If your commercial property is owned by a corporation or an LLC, then yes, Florida law requires you to be represented by an attorney in court. Even if you own the property as an individual, hiring an attorney is a very smart move. The eviction process has strict procedural rules, and a single mistake on a notice or a court filing can get your case dismissed, forcing you to start over and lose more time and rent.

My lease is very simple and was based on a template. Is that a problem? A simple or generic lease can become a significant problem during an eviction. These agreements often lack the specific clauses that clearly define what constitutes a default, what the notice requirements are, or who is responsible for attorney’s fees. Without this clear language, it can be much harder to prove a lease violation in court. A well-drafted, detailed lease is your strongest tool and the foundation of a successful eviction.