Commercial Evictions in Florida: Rights and Resolutions Navigating the Process for Business Properties – Biazzo Law, PLLC

Commercial evictions in Florida's dynamic real estate market can disrupt operations, cash flow, and long-term business plans, especially in high-growth areas like Miami, Boca Raton, Fort Lauderdale, West Palm Beach, and throughout South Florida. Disputes often involve non-payment of rent, lease violations (such as unauthorized subletting or failure to maintain premises), holdover tenancies, or other breaches of commercial lease agreements.

Unlike residential tenancies, which are heavily regulated under Part II of Chapter 83, Florida Statutes, commercial (nonresidential) tenancies fall under Part I of Chapter 83 and are largely governed by the lease terms, common law, and contract principles. This gives parties more flexibility to negotiate terms, but landlords must still follow strict legal procedures—no self-help remedies like changing locks or utility shutoffs are allowed.

At Biazzo Law, PLLC, we represent commercial landlords and tenants in eviction actions, lease disputes, breach of contract claims, and related litigation in Florida courts. Our civil and commercial litigation team helps resolve issues efficiently through negotiation, mediation, or court when necessary.

This guide explains the commercial eviction process and key considerations in Florida (current as of 2026, with no major statutory changes from prior years affecting core procedures).

Key Differences: Commercial vs. Residential Evictions in Florida

Commercial evictions offer fewer statutory protections for tenants compared to residential ones:

• Lease-Driven Rules — Many terms (notice periods, cure rights, remedies) are dictated by the lease agreement rather than strict statutes.

• Notice Flexibility — For non-rent defaults, leases often require 15-day notices to cure (or longer/shorter per contract).

• No Strict Security Deposit Rules — Unlike residential, no mandatory separate accounts, interest, or strict return timelines—handled per lease.

• Self-Help Prohibited — Landlords must use court process; distress for rent (liens on tenant property) is available under certain conditions.

• Faster in Some Cases — Commercial cases may move quicker in county or circuit courts, especially uncontested.

Always review your lease first—it often controls the specifics.

The Commercial Eviction Process in Florida

Florida requires judicial eviction for commercial properties—no "self-help" allowed (Fla. Stat. § 83.05, § 83.20).

1. Review the Lease and Grounds for Eviction

Common grounds include:

• Non-payment of rent

• Material lease violations (e.g., failure to pay CAM charges, taxes, insurance in triple-net leases)

• Holdover after lease expiration

• Unauthorized use or subletting

The lease typically specifies notice and cure periods.

2. Deliver Required Notice (Pre-Filing Step)

• Non-Payment of Rent: Serve a 3-Day Notice to Pay Rent or Quit (excluding weekends/holidays). Tenant must pay in full or vacate. Post conspicuously at premises if needed; delivery by mail, hand, or posting allowed.

• Other Violations (Curable): Typically a 15-Day Notice to Cure or Vacate (per common practice and lease; some leases vary).

• Non-Curable or Serious Breaches: Shorter or immediate notice per lease.

• Holdover Tenancy: Demand possession; double rent may apply for holdover (Fla. Stat. § 83.06).

Service: Hand delivery, mail, or posting if tenant absent. Proof of service is critical.

3. File the Eviction Lawsuit

If no compliance, file a Complaint for Removal of Tenant (and possibly damages/back rent) in county or circuit court (depending on amount). Use summary procedure under Fla. Stat. § 51.011 for faster resolution.

Tenant gets served with summons (usually 5+ days to respond).

4. Court Hearing and Judgment

• Uncontested: Default judgment possible.

• Contested: Hearing where evidence (lease, notices, payment records) is presented.

• If landlord prevails: Court issues Final Judgment for possession and/or damages.

5. Enforcement: Writ of Possession

Court issues Writ of Possession; sheriff serves and enforces (removal typically within 24–48 hours after posting).

The process often takes 3–8 weeks or longer if contested, depending on court backlog (faster in busy areas like Miami-Dade or Broward).

Resolving Commercial Disputes Without Full Eviction

Many cases settle through:

• Negotiation or lease amendments

• Mediation (court-referred or private)

• Stipulated agreements for possession with payment plans

Early intervention prevents business interruption.

Why Choose Biazzo Law for Your Commercial Eviction Needs in Florida?

Commercial properties involve significant stakes—lost rent, re-leasing costs, and potential tenant counterclaims. Our firm provides:

• Strategic representation for landlords seeking swift possession and damages.

• Defense for tenants facing wrongful or procedurally flawed evictions.

• Expertise in lease drafting, enforcement, and litigation in Florida courts.

We serve clients in Miami, Boca Raton, Fort Lauderdale, Palm Beach County, and statewide.

Facing a commercial eviction, non-paying tenant, or lease dispute in Florida?

Contact Biazzo Law, PLLC today for a consultation. Visit www.biazzolaw.com or call to protect your property and business interests.