How to Evict a Commercial Tenant in Florida Who Stops Paying Rent
A Tampa landlord leases a 4,000-square-foot retail bay in a strip center off Dale Mabry to a restaurant operator. Rent arrives late in March, later in April, and not at all in May. The tenant still unlocks the doors every morning, still serves customers, still runs a business out of space the landlord is paying a mortgage on. Calls go unanswered. By June the landlord is carrying a tenant who treats the lease as optional and the building as free.
Florida law gives that landlord a fast, statute-driven way to take the space back. To evict a commercial tenant in Florida, you serve the right notice, file under the right part of the statute, and force the tenant to deposit the disputed rent where the court can see it. Skip a step and the case stalls. Follow the sequence and an uncontested commercial eviction can move from notice to writ of possession in roughly 30 to 45 days.
Southron Firm, P.A., a Tampa, Florida litigation firm, handles these disputes for commercial landlords across Hillsborough County and the rest of the state.
How Do You Evict a Commercial Tenant in Florida?
To evict a commercial tenant in Florida, the landlord serves a written notice matched to the type of default, files an eviction action under Part I of Chapter 83 of the Florida Statutes if the tenant does not cure, and asks the court for a judgment of possession and a writ. Commercial tenancies are governed by Fla. Stat. §§ 83.001–83.251, a separate set of rules from the residential provisions that most online eviction guides actually describe.
Commercial tenant eviction: A summary court proceeding in which a landlord recovers possession of nonresidential rental property from a tenant who has defaulted on rent or breached the lease.
The distinction matters from the first day. A landlord who serves the residential three-day notice form, cites the wrong statute, or assumes the residential rules apply has handed the tenant a reason to ask the court to dismiss the case. The grounds for removing a commercial tenant come from Fla. Stat. § 83.20, which lists three causes: holding over after the lease term ends, defaulting on rent after three days’ written notice, and failing to cure another material breach after the required notice.
Commercial and Residential Evictions Run on Separate Tracks
Commercial evictions are governed by Part I of Chapter 83; residential evictions are governed by Part II. The Legislature wrote stronger tenant protections into the residential rules because losing a home is not the same as losing a storefront. Commercial landlords and tenants are treated as sophisticated parties who negotiated their own lease, so the lease itself often controls notice periods, cure rights, and remedies.
| Issue | Commercial tenancy (Part I) | Residential tenancy (Part II) |
|---|---|---|
| Governing statute | Fla. Stat. §§ 83.001–83.251 | Fla. Stat. §§ 83.40–83.683 |
| Notice for unpaid rent | 3 business days under § 83.20, unless the lease sets a different period | 3 business days under § 83.56 |
| Lease overrides statute | Frequently; negotiated terms usually control | Rarely; many tenant protections cannot be waived |
| Rent deposit to defend | Required under § 83.232; failure is an absolute waiver of defenses | Required under § 83.60 |
| Posture of the parties | Treated as equal, sophisticated parties | Tenant treated as the protected party |
When the lease specifies a longer cure period for nonpayment, say seven days, the landlord must honor the lease before filing. The statute sets the floor, not the ceiling.
The Three-Day Notice Is What Starts the Clock
A commercial eviction for unpaid rent begins with a written three-day notice that demands the rent owed or possession of the premises. Under Fla. Stat. § 83.20, the landlord cannot remove a defaulting commercial tenant until that notice has been served and the three-day cure window has passed.
Three-day notice: A written demand giving a commercial tenant three business days to pay all rent due or surrender the premises, after which the landlord may file to recover possession.
The three days exclude Saturdays, Sundays, and legal holidays, so a notice served on a Thursday before a holiday Monday does not expire until the following Thursday. Miscounting the days is one of the most common reasons a commercial eviction gets dismissed and has to start over. The notice must state the exact amount due and be served by delivering a copy to the tenant or, if the tenant is absent, by leaving it at the premises, as Fla. Stat. § 83.21 directs.
Nonpayment is not the only ground. When a commercial tenant commits a different material breach, subletting without consent, running an unpermitted use, damaging the property, § 83.20 generally requires fifteen days’ written notice and an opportunity to cure where the lease is silent. If the lease sets its own notice and cure terms for breach, those terms usually govern. A tenant who has caused property damage and refuses to leave can present both problems at once, which is why the notice strategy should be set before the first letter goes out.
Filing the Eviction and the Rent-Into-Registry Rule That Ends Most Cases
Once the notice expires without payment, the landlord files a complaint for possession in county court and the case proceeds under Florida’s summary procedure statute, Fla. Stat. § 51.011. Summary procedure compresses the timeline: the tenant must respond quickly, and the court resolves possession first, ahead of any damages claim.
Summary procedure: An accelerated court process under Fla. Stat. § 51.011 that decides who is entitled to possession of the property fast, requiring the tenant to answer in five days and setting other defenses aside until possession is resolved.
The single most powerful tool a commercial landlord has appears in Fla. Stat. § 83.232.
Rent into the court registry: A commercial tenant who wants to contest an eviction must deposit the rent alleged unpaid, plus rent that comes due during the case, into the court registry; failing to do so is an absolute waiver of the tenant’s defenses.
When the tenant fails to deposit the rent the court ordered, the landlord is entitled to an immediate default for possession without a further hearing. A tenant who cannot or will not pay loses the right to argue the case at all. Florida commercial landlords should push for a rent-determination hearing early, because once the court fixes the number and the tenant misses the deadline, the case is effectively over.
The path from default to recovered possession follows a defined sequence:
- Serve the three-day notice for unpaid rent under § 83.20, or the appropriate breach notice, and let the cure period run.
- File a complaint for possession in the county where the property sits, attaching the lease and the notice.
- Serve the tenant; the tenant must answer within five days under summary procedure.
- Move for an order requiring the tenant to pay accrued and ongoing rent into the court registry under § 83.232.
- If the tenant fails to pay into the registry, move for default and a judgment of possession.
- Obtain the writ of possession and have the sheriff remove the tenant if the space is not surrendered.
A claim for unpaid rent and damages can travel alongside the possession case, but it is resolved on the ordinary civil track, not the accelerated summary track that governs possession. A breach of contract claim for the unpaid rent and lease damages is often the right vehicle to recover the money once the landlord has the building back.
Mistakes That Cost Commercial Landlords the Case
The fastest way to lose a winnable commercial eviction is a self-inflicted procedural error. The recurring ones:
- Changing the locks. Florida recognizes a limited right of possession on default under § 83.05, but a self-help lockout invites wrongful-eviction, conversion, and breach claims from the tenant. The judicial route is slower and far safer.
- Accepting partial rent. Taking a partial payment after serving the notice can waive the default and force the landlord to start over with a new notice.
- Ignoring the lease’s own notice clause. When the lease requires a longer cure period or a particular delivery method, the statute does not excuse the landlord from following it.
- Using the residential notice or statute. Citing § 83.56 or the residential forms on a commercial tenancy signals to the court that the wrong rules were applied.
- Miscounting the three days. Counting weekends and holidays into the cure window produces a defective notice.
Any one of these can convert a 30-day eviction into a months-long fight.
A Florida real estate litigation attorney can confirm the notice and filing are correct before the tenant’s lawyer finds the gap.
When to Bring in a Florida Real Estate Litigation Attorney
A commercial landlord should involve counsel the moment a tenant default looks like it will not resolve on its own, and certainly before serving the first notice in a disputed case. Early review prevents the procedural mistakes that hand tenants delay.
Bring in an attorney when:
- The tenant has hired a lawyer or threatened to contest the eviction.
- The lease has unusual notice, cure, or remedy terms that do not track the statute.
- The tenant has also damaged the property or removed fixtures, raising claims beyond unpaid rent.
- A guarantor signed the lease and you intend to pursue the guaranty.
- The amount of unpaid rent and future lease obligations is large enough to justify a damages action alongside the eviction.
If a commercial tenant has stopped paying and will not leave, an experienced Florida litigation attorney can evaluate your lease and start the eviction on the right footing before the deadlines work against you.
Frequently Asked Questions
Q: How long does it take to evict a commercial tenant in Florida? A: An uncontested commercial eviction in Florida usually takes about 30 to 45 days from the three-day notice to the writ of possession. Contested cases run longer, though Fla. Stat. § 83.232 often shortens them by forcing a tenant who cannot pay rent into the registry to default.
Q: What notice do I have to give a commercial tenant for unpaid rent? A: A three-day written notice demanding the rent due or possession of the premises, under Fla. Stat. § 83.20. The three days exclude weekends and legal holidays, and if your lease sets a longer cure period you must honor the lease.
Q: Can I change the locks on a commercial tenant who isn’t paying? A: It is risky. Florida gives commercial landlords a limited right of possession on default under § 83.05, but a self-help lockout exposes you to wrongful-eviction and damages claims from the tenant. Filing a court eviction is the safer path.
Q: What is the rent-into-registry rule and why does it matter? A: Under Fla. Stat. § 83.232, a commercial tenant who wants to defend an eviction must deposit the unpaid and ongoing rent into the court registry. If the tenant does not, the landlord is entitled to an immediate default for possession, which is why the rule decides most contested cases.
Q: Does the commercial lease or the statute control the eviction? A: Both. The lease usually controls notice periods, cure rights, and remedies because commercial parties are treated as sophisticated, while Chapter 83, Part I sets the procedure and the minimums. When the lease and statute conflict on notice, the longer protection generally applies.
Q: Can I sue for unpaid rent and evict at the same time? A: Yes. You can join a claim for unpaid rent and lease damages with the possession case, but only possession moves on Florida’s accelerated summary procedure under § 51.011. The damages portion proceeds on the ordinary civil track.
Q: My commercial tenant damaged the property and won’t leave. What can I do? A: You can pursue eviction for the lease breach under § 83.20 and a separate claim for the property damage. The notice required for a non-rent breach is generally fifteen days unless the lease provides otherwise, so the strategy should be set before any notice is served.
Q: What happens after I get a judgment of possession? A: The court issues a writ of possession, and if the tenant does not surrender the space, the sheriff removes the tenant. The landlord can then retake the premises and continue pursuing any unpaid rent and damages.
Key Takeaways
- To evict a commercial tenant in Florida, follow Part I of Chapter 83 (§§ 83.001–83.251), not the residential rules most online guides describe.
- Nonpayment requires a three-day written notice under Fla. Stat. § 83.20, counting only business days, unless the lease sets a longer cure period.
- Fla. Stat. § 83.232 forces a contesting tenant to deposit rent into the court registry; failure is an absolute waiver of defenses and grounds for immediate default.
- An uncontested commercial eviction typically takes 30 to 45 days; procedural errors are what extend it.
- Self-help lockouts, accepting partial rent, and miscounting the notice period are the most common ways commercial landlords lose winnable cases.
- Possession moves on summary procedure under § 51.011; a claim for unpaid rent and damages proceeds separately.
- Early review by a Florida real estate litigation attorney prevents the mistakes that give a defaulting tenant delay.
Ready to take back your property from a tenant who has stopped paying?
IContact Southron Firm, P.A. today for a consultation. Schedule a Consultation with a Tampa real estate litigation attorney who handles commercial eviction and lease disputes across Florida.
Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. The information contained herein is based on Florida law as of the publication date and may not reflect recent changes. Laws vary by jurisdiction and circumstance, and no single article can address every situation. Do not rely on this article as a substitute for professional legal counsel. If you face a legal matter related to the topics discussed, contact an attorney licensed in Florida to review your specific facts and circumstances. Southron Firm, P.A., is a Florida law firm based in Tampa. For a consultation regarding your litigation or estate planning matter, contact our office.