Commercial Evictions in Florida

2. Florida Legal Context

Commercial evictions in Florida are primarily governed by Florida Statutes Chapter 83, Part I (Commercial Tenancies).

Key legal points:

• Grounds for Eviction: Nonpayment of rent, violation of lease terms, abandonment, or illegal activity.
• Notice Requirements:
  • 3-day notice for nonpayment of rent.
  • Other breaches may require longer notice depending on lease terms.
• Court Process: If the tenant does not cure the default, the landlord may file an eviction action in county or circuit court.
• Defenses: Tenants may raise defenses such as improper notice, landlord breach of the lease, or retaliation.
• Writ of Possession: If the landlord prevails, the sheriff executes a writ of possession to remove the tenant.

3. Real-World Application

Examples of commercial evictions in Florida:

• A Tampa landlord evicts a restaurant tenant for failing to pay rent for three consecutive months.
• A Miami office landlord files an eviction action after the tenant subleases space without permission.
• An Orlando warehouse tenant is evicted for using the property in violation of zoning restrictions.

4. Why It Matters for Business Owners

Commercial evictions are high-stakes disputes that can shut down businesses or leave landlords with unpaid rent and damaged property.

Why it matters:

• For landlords: Ensures compliance with leases, protects property rights, and recovers unpaid rent.
• For tenants: Understanding defenses may prevent premature or wrongful eviction.
• For both: The process must strictly follow Florida law — mistakes in notice or filings can delay or invalidate the case.

Common mistakes Florida landlords and tenants make:

• Landlords using “self-help” (changing locks or removing property) instead of proper legal process.
• Tenants ignoring eviction notices rather than responding in court.
• Failing to review lease terms that modify statutory notice requirements.
• Not considering negotiation or settlement before litigation.

5. Real-World Florida Examples

• A Sarasota landlord recovered possession of a retail space and back rent after prevailing in an eviction lawsuit.
• A Jacksonville tenant successfully defended against eviction when the landlord failed to provide proper statutory notice.
• A Fort Lauderdale commercial tenant negotiated a lease amendment during eviction proceedings, allowing the business to remain.

6. How Our Law Firm Can Help

At Black Rock Trial Lawyers, our Litigation Department represents landlords and tenants in commercial eviction disputes. We provide:

• Drafting and serving proper eviction notices
• Filing and defending eviction lawsuits in Florida courts
• Enforcing judgments and writs of possession
• Negotiating settlements and lease modifications to avoid litigation
• Advising on lease drafting to reduce future eviction risks

We protect your rights whether you are enforcing a lease or defending your business from eviction.

7. FAQs (Frequently Asked Questions)

Q: How much notice must a landlord give before evicting a commercial tenant in Florida?
A: At least 3 days for nonpayment of rent; other breaches depend on the lease.

Q: Can a landlord lock out a tenant without court involvement?
A: No. “Self-help” evictions are illegal in Florida.

Q: How long does a commercial eviction take?
A: Several weeks to months, depending on court backlogs and tenant defenses.

Q: Can tenants stop eviction by paying late rent?
A: Often yes, if done within the notice period. But lease terms may vary.

Q: Why hire Black Rock Trial Lawyers for commercial evictions?
A: Our Litigation Department has experience representing both landlords and tenants, ensuring compliance with Florida law and maximizing outcomes.