Quick Answers
- Different law: commercial evictions fall under Part I of Chapter 83, not the residential rules. The residential 3-day form and statutes do not apply.
- Notice: nonpayment generally needs a 3-business-day written notice (Florida Statute 83.20), unless the lease requires a longer cure period.
- The lease controls: it can set the notice period, define what counts as rent, and add remedies the statute does not.
- No self-help: locking out a commercial tenant is high risk. Florida courts have treated lockouts as wrongful eviction even when the lease seemed to allow it.
- Speed: an uncontested commercial eviction typically takes about 30 to 45 days.
- Cost: commercial cases are not flat-fee like a residential case; the firm quotes after reviewing the lease and the dispute.
Commercial Tenant Behind on Rent?
Send the firm your lease. Commercial evictions turn on the details, and the firm handles them statewide.Commercial Evictions Follow Different Rules
Florida splits landlord-tenant law into two parts. Residential tenancies sit under Part II of Chapter 83, with its strong tenant protections. Commercial (nonresidential) tenancies sit under Part I, where the law assumes two businesses dealing at arm's length and gives far more weight to the lease itself. The single most expensive mistake a commercial landlord makes is treating the case like a residential eviction: using the residential 3-day form, citing the wrong statute, or assuming the residential rules apply. Any of those can hand the tenant a reason to ask the court to dismiss. Under Florida Statute 83.20, a commercial tenant can be removed for holding over after the lease term ends, for nonpayment after proper written notice, or for failing to cure another material breach after the required notice.The Notice: 3 Business Days, Unless the Lease Says Otherwise
For nonpayment, the statutory default is a written notice demanding the rent due or possession of the premises, giving the tenant three business days to pay, excluding Saturdays, Sundays, and legal holidays. That default applies when the lease is silent. If the lease sets a longer cure period or its own notice procedure, the lease usually controls, so the notice has to match what the lease requires. What you put in the notice matters just as much as the timing. A commercial lease may make the tenant responsible for late fees, common area maintenance (CAM), taxes, insurance, and other charges, but whether each of those belongs in a nonpayment notice is a strategic decision. Demanding the wrong amount, or charges that do not belong, is a common way a winnable case gets delayed or dismissed.Why the Lease Controls Everything
In a commercial case, the lease is the rulebook. Before any notice goes out, both the statute and the lease have to be read together, because the lease can define:- The notice and cure period, which may be longer than the statutory three days.
- What counts as rent, including CAM, taxes, insurance, and late fees.
- How notice must be delivered, by mail, hand delivery, or another method the lease specifies.
- Added remedies, such as acceleration of future rent, attorney's fees, and personal guarantees.
You Cannot Lock the Tenant Out, Even If the Lease Seems to Allow It
It is tempting to change the locks or chain the doors on a business that has stopped paying, and some commercial leases appear to authorize exactly that. Florida law still requires a landlord to recover possession through the proper court process, and Florida appellate courts have treated lockouts as wrongful eviction even when the lease purported to permit self-help. The downside risk of a wrongful lockout can dwarf the rent you are trying to recover, so the safe and reliable path is a court action for possession.How a Commercial Eviction Moves Through Court
Once notice has run and the tenant has not paid or left, the landlord files a complaint for possession in the county where the property sits (Florida Statute 83.21). Like residential cases, commercial evictions use Florida's expedited summary procedure, so they move quickly when handled correctly. There is also a powerful tool for the landlord here. A commercial tenant who wants to contest the eviction generally must deposit the rent into the court registry. Failing to do so is treated as a waiver of defenses and can lead to an immediate default for possession, which is why many commercial nonpayment cases resolve fast once they are filed properly.
What most people miss
The costly mistake is treating a commercial eviction like a residential one. Commercial sits under Part I of Chapter 83, and the lease itself often controls the notice period, what can be demanded as rent, and how the notice must be delivered. Serving the residential 3-day form or ignoring a lease cure provision can get a winnable case dismissed and send you back to the start.
The other thing landlords overlook is the personal guaranty. The tenant business may have no money left, but if an owner signed a personal guarantee, that individual can be pursued for the unpaid rent and damages. That is frequently where the real recovery lives, and it is worth identifying the guarantor early.
Getting Paid: Back Rent, Damages, and the Personal Guaranty
Recovering the premises and recovering the money are two separate goals. Possession moves quickly under summary procedure, while a claim for unpaid rent, future rent (if the lease allows acceleration), and damages is determined as part of the case strategy. Where a commercial lease includes a personal guarantee, the landlord may be able to pursue the individual guarantor directly, which often matters more than a judgment against a business that has already failed. The right approach depends on your lease, so it is worth reviewing the guarantee and the remedies clauses before filing.What It Costs and What to Do Next
Unlike an uncontested residential eviction, a commercial case is not a single flat fee, because the lease terms, the amount at stake, whether the tenant contests, and whether you also pursue a guarantor all change the work involved. For that reason, commercial matters start with a consultation and a lease review so the firm can give you a clear plan and quote.
Commercial tenant behind on rent? Start with a lease review.
Kelley, Grant & Tanis has handled more than 35,000 eviction cases across Florida. Call 1 (877) 871-8300 or request a consultation. For residential matters, see my tenant stopped paying rent and what happens after a 3-day notice.
Frequently Asked Questions
How do I evict a commercial tenant for not paying rent in Florida?
Commercial evictions follow Part I of Chapter 83. For nonpayment you generally serve a written notice giving the tenant three business days to pay or surrender the premises, unless the lease requires a longer cure period. If the tenant does not comply, you file a complaint for possession in the county where the property sits and proceed under Florida's expedited summary procedure.
Is the commercial eviction notice the same as the residential 3-day notice?
No. Commercial tenancies are governed by Part I of Chapter 83, not the residential Part II, so the residential 3-day notice form and statutes do not apply. The commercial notice operates under Florida Statute 83.20, and the lease can change the cure period and the delivery method, so using the residential form is a common and costly mistake.
Does my lease change the commercial eviction process?
Yes, significantly. In a commercial case the lease often controls the notice and cure period, what counts as rent, how notice must be delivered, and added remedies such as acceleration of future rent and attorney's fees. Because of this, a commercial eviction should begin with a careful review of both the statute and the lease.
Can I lock out a commercial tenant or seize their property?
Locking out a commercial tenant is high risk, even when the lease appears to allow it. Florida courts have treated lockouts as wrongful eviction despite lease language purporting to permit self-help, and the resulting liability can exceed the rent you were trying to recover. The reliable path is a court action for possession.
How long does a commercial eviction take in Florida?
An uncontested commercial eviction typically takes about 30 to 45 days when handled correctly, because Florida uses an expedited summary procedure. Procedural mistakes, such as a defective notice or improper service, are the main reasons a case takes longer.
Does a commercial tenant have to pay rent into the court to fight the eviction?
Generally yes. A commercial tenant who contests the eviction is required to deposit the rent into the court registry, and failing to do so is treated as a waiver of defenses that can lead to an immediate default for possession. This is one of the strongest tools a commercial landlord has in a nonpayment case.
Can I go after the business owner personally for the unpaid rent?
Often, if an owner signed a personal guarantee in the lease. A personal guarantee can let the landlord pursue the individual directly for unpaid rent and damages, which matters when the tenant business itself has no assets left. Whether a guarantee exists and how to enforce it depends on your lease, so it should be reviewed early.
Should I accept partial rent from a commercial tenant who is behind?
Be careful. Accepting rent after a default can affect your right to proceed with an eviction for that nonpayment, so it is a decision to make with legal guidance rather than on the spot. If a commercial tenant offers part of what is owed, talk to the firm before accepting it.
How much does a commercial eviction cost in Florida?
Commercial cases vary too much for a single flat fee. The cost depends on the lease, the amount at stake, whether the tenant contests, and whether you also pursue back rent or a guarantor. Commercial matters start with a consultation and a lease review so the firm can quote based on your specific situation.