Quick Read Summary (TLDR)

Under Florida law, commercial landlords must provide a formal three-day notice to tenants who fail to pay rent before they can legally initiate an eviction process. This statutory framework, governed by Chapter 83, allows property owners to recover possession of the premises and pursue legal action for all unpaid balances. Beyond simple removal, landlords may also be eligible to claim additional damages, including double rent if a tenant remains in the space after their right to occupy it has expired.

If you are a commercial landlord with a non-paying tenant, be sure to seek legal representation as the route to eviction can be complex for commercial lease. Call us South Florida Law on (954) 900-8885 or reach out to us via our contact form.

When a commercial tenant falls behind on rent, Florida law gives the landlord several tools to recover both the property and the unpaid money. These tools come from Chapter 83 of the Florida Statutes. Commercial landlords need to follow this chapter carefully, because any misstep or skipping a step can cause delays or even dismissal of an eviction case.

Florida Chapter 83 Part I Governs Commercial Tenancies

Part I of Chapter 83, sections 83.001 through 83.251, applies to all nonresidential, or commercial, tenancies in Florida. This includes office space, retail stores, warehouses, restaurants, and similar properties. Residential rentals fall under Part II of the same chapter and follow different rules. Because commercial tenants do not receive the same protections as residential tenants, the lease itself often plays a major role in defining each side’s rights.

The Three-Day Notice Requirement for Unpaid Rent

Before filing an eviction lawsuit for unpaid rent, a commercial landlord must give the tenant a written three-day notice. This requirement comes from section 83.20 of the Florida Statutes. The notice must demand either payment of the past-due rent or surrender of the premises. Weekends and legal holidays do not count toward the three days.

For example, if a notice is hand-delivered on a Tuesday, the tenant typically has until the end of Friday to pay or move out. If the tenant pays the full amount within those three days, the eviction cannot move forward. If the tenant does nothing, the landlord may file an eviction action the next business day.

“…if a notice is hand-delivered on a Tuesday, the tenant typically has until the end of Friday to pay or move out.”

Filing a Commercial Eviction Lawsuit in Florida

If the tenant fails to comply with the three-day notice, the landlord may file an unlawful detainer complaint in the county where the property is located. Florida uses a summary procedure for these cases, which moves faster than a typical lawsuit. After the complaint is served, the tenant has five days to file a written response. If the tenant does not respond, the landlord may seek a default judgment and a writ of possession enforced by the local sheriff.

A tenant who answers the complaint may raise defenses or counterclaims, but generally must deposit the disputed rent into the court registry to preserve those defenses. Without that deposit, the court may strike the response and award possession to the landlord.

Commercial Landlord’s Lien and Distress for Rent

Chapter 83 gives commercial landlords additional remedies beyond eviction. Under section 83.08, a landlord has a lien on the tenant’s property kept on the leased premises to secure unpaid rent. Sections 83.11 through 83.19 describe the distress for rent procedure, which allows a landlord to file a complaint and obtain a distress writ. The writ permits the sheriff to seize and eventually sell the tenant’s property to satisfy the rent owed. Because these procedures involve strict rules and constitutional due-process concerns, it is highly recommended that landlords work with an experienced Florida attorney before pursuing them.

Double Rent for Holdover Tenants

If a commercial tenant stays in the property after the lease ends and refuses to leave, section 83.06 allows the landlord to demand and recover double the monthly rent until possession is returned. This claim must be specifically included in the eviction complaint to be enforceable.

Why Self-Help Eviction Is Not Allowed

Florida law does not allow self-help eviction. Under section 83.05, the landlord may only recover possession through a court action, voluntary surrender, or abandonment of the premises. Changing the locks, shutting off utilities, or removing a tenant’s belongings without a court order can expose the landlord to serious liability for damages far greater than the unpaid rent.

When to Contact a Florida Commercial Real Estate Attorney

The commercial eviction process can move quickly, but small mistakes can slow it down or force a landlord to start over. Notice errors, miscalculated rent demands, and improper service are common pitfalls. It is highly recommended that any commercial landlord facing a non-paying tenant consult a Florida real estate attorney before serving a notice or filing suit.

South Florida Law

South Florida Law is a larger-than -boutique law firm serving commercial landlords throughout Florida. The firm’s attorneys handle every stage of commercial evictions, from drafting three-day notices to enforcing writs of possession. With deep Florida real estate experience the firm offers the personalized attention of a boutique law firm with the resources of a big law firm.