Quick Answers
- Different law: residential evictions fall under Part II of Chapter 83; commercial evictions under Part I. The residential rules and forms do not apply to commercial.
- Notice: residential nonpayment uses a fixed 3-business-day notice; commercial uses a 3-business-day default that the lease can change, often to a longer cure period.
- The lease: barely changes a residential case because the statute controls; it controls almost everything in a commercial case.
- Self-help: flatly illegal in residential; still high-risk in commercial, even when the lease appears to allow it.
- Speed and cost: residential uncontested runs about 4 to 5 weeks on a flat $295 fee; commercial runs about 30 to 45 days and is quoted case by case.
- Bottom line: the biggest mistake is treating a commercial eviction like a residential one. They look similar and run on different rules.
Residential or Commercial, the Firm Handles Both
One firm for both types of Florida eviction, with the right process for each.
Commercial and residential evictions in Florida look almost identical from the outside: both use the courts, both often start with a 3-day notice, and both run through the same expedited procedure. Underneath, they follow different parts of the law and different rules, and treating one like the other is the most common and costly mistake landlords make. This guide lays the two side by side so you know which process applies to you and where they diverge.
Two Different Sets of Rules
Florida splits landlord-tenant law into two parts. Residential tenancies sit under Part II of Chapter 83, with strong tenant protections and standardized procedures. Commercial (nonresidential) tenancies sit under Part I, which assumes two businesses dealing at arm's length and gives far more weight to the lease itself. Because the procedures look similar, landlords often reach for the residential 3-day form or cite the wrong part of the statute in a commercial case, and either error can get a winnable case dismissed.
Commercial vs Residential, Side by Side
| Issue | Residential | Commercial |
|---|---|---|
| Governing law | Part II of Chapter 83 | Part I of Chapter 83 |
| Nonpayment notice | Fixed 3-business-day notice (83.56(3)) | 3-business-day default (83.20), but the lease can require longer |
| What the lease controls | Little; the statute overrides most terms | A lot: notice, cure period, what counts as rent, remedies |
| Self-help (lockouts) | Illegal, with penalties under 83.67 | High-risk; courts treat lockouts as wrongful eviction |
| Contesting tenant must deposit rent | Yes, into the court registry (83.60) | Yes, into the court registry |
| Recovering unpaid rent | Money judgment with personal service (83.625) | Often pursued via a personal guarantee |
| Holdover after the term | Double rent may apply (83.58) | Governed by the lease and statute |
| Typical uncontested timeline | About 4 to 5 weeks | About 30 to 45 days |
| Typical fee | Flat $295 (uncontested) | Quoted case by case |
The Notice Is Where They Diverge First
In a residential nonpayment case, the 3-day notice is rigid: it must demand the exact rent due, the count excludes weekends and holidays, and the statute, not the lease, sets the rules (see what happens after a 3-day notice). In a commercial case, three business days is only the default. The lease often sets a longer cure period or its own notice method, and the lease defines what counts as rent, which can include common area maintenance, taxes, insurance, and late fees. That is why a commercial eviction should start with a lease review, not a form (see how commercial evictions work in Florida).
Self-Help: Illegal vs High-Risk
Residential law is absolute: a landlord can never change the locks, cut utilities, or remove belongings, and doing so triggers damages under Florida Statute 83.67 (see why you cannot change the locks). Commercial is more nuanced but lands in the same place in practice. Even when a commercial lease appears to authorize a lockout, Florida courts have treated lockouts as wrongful eviction, so the safe path in both is a court action for possession. The difference is the wording of the rule, not the recommended behavior.
Recovering the Money
Getting the tenant out and recovering the unpaid rent are separate goals in both contexts. In a residential case, a money judgment requires personal service on the tenant under Florida Statute 83.625, so posting on the door yields possession only. In a commercial case the same service principle applies, with an added route that does not exist in residential: if a business owner signed a personal guarantee, the landlord may be able to pursue that individual directly, which is often where the real recovery lives when the tenant business has no assets.
The two processes look almost identical on the surface, same summary procedure, similar 3-day notice, same courts, which is exactly why landlords get burned. The real differences hide in the lease and in which part of Chapter 83 applies. Serving a residential notice on a commercial tenant, or assuming residential protections in a commercial case, can get a winnable matter dismissed before it starts.
The lease is the swing factor. In a residential case the statute overrides most lease terms, so the lease barely changes the playbook. In a commercial case the lease can lengthen the cure period, redefine what counts as rent, and add remedies like acceleration and a personal guarantee, which means two commercial evictions with different leases can run completely differently.
Which Process Applies to You
The dividing line is what the space is used for, not who the tenant is. If the tenant rents a home, apartment, or other dwelling, it is residential and runs under Part II. If the tenant rents business space such as a storefront, office, warehouse, or restaurant, it is commercial and runs under Part I. Mixed-use property or an unusual arrangement can blur the line, and in that case the safest move is to confirm before you serve a notice, because the wrong path is hard to undo.
What Each Costs and How Long
A residential uncontested eviction runs about $530 all-in for one tenant, including a flat $295 attorney fee, and takes roughly 4 to 5 weeks from filing to removal (see how much a Florida eviction costs). A commercial eviction is not a flat-fee matter, because the lease and the dispute drive the work, so it is quoted case by case, with an uncontested case typically taking about 30 to 45 days. The cost difference reflects the added complexity, not a different court system.
Residential or commercial, get it on the right track from the start.
Kelley, Grant & Tanis has handled more than 35,000 eviction cases across Florida and handles both residential and commercial matters. Call 1 (877) 871-8300 or start your eviction online. Related reading: commercial evictions in Florida, my tenant stopped paying rent, and how to choose a Florida eviction attorney.
Frequently Asked Questions
What is the difference between commercial and residential eviction in Florida?
Residential evictions fall under Part II of Chapter 83, with strong tenant protections and standardized procedures, while commercial evictions fall under Part I, where the lease controls much of the process. The residential 3-day form and statutes do not apply to commercial cases. The processes look similar but run on different rules, which is the most common source of landlord mistakes.
Is the eviction notice the same for commercial and residential tenants?
No. Residential nonpayment uses a fixed 3-business-day notice that demands the exact rent due under Florida Statute 83.56(3). Commercial nonpayment uses a 3-business-day default under Florida Statute 83.20, but the lease can require a longer cure period and can define what counts as rent. Using the residential form on a commercial tenant is a common and costly error.
Does the lease matter more in a commercial or residential eviction?
Commercial, by far. In a residential case the statute overrides most lease terms, so the lease rarely changes the process. In a commercial case the lease can control the notice and cure period, what counts as rent, and remedies such as acceleration and personal guarantees, so the lease has to be read alongside the statute before any notice goes out.
Can I lock out a commercial tenant if I cannot lock out a residential one?
It is risky in both. Residential self-help is flatly illegal and carries damages under Florida Statute 83.67. Commercial leases sometimes appear to authorize a lockout, but Florida courts have treated commercial lockouts as wrongful eviction, so the reliable path in both is a court action for possession rather than self-help.
How long does each type of eviction take in Florida?
An uncontested residential eviction typically takes about 4 to 5 weeks from filing to removal, while an uncontested commercial eviction usually takes about 30 to 45 days. Both use Florida's expedited summary procedure, so most delay in either comes from procedural mistakes such as a defective notice or improper service rather than from the court itself.
Is commercial eviction more expensive than residential?
Usually. A residential uncontested case is a flat $295 attorney fee, about $530 all-in for one tenant. A commercial case is quoted case by case because the lease terms, the amount at stake, and whether the tenant contests all change the work involved. The higher cost reflects the added complexity, not a different process.
Which law governs commercial vs residential evictions in Florida?
Residential tenancies are governed by Part II of Chapter 83 of the Florida Statutes, and commercial tenancies by Part I. The two parts have different notice rules, remedies, and protections, so identifying which one applies is the first step in handling the case correctly.
How do I know if my eviction is commercial or residential?
It depends on how the space is used, not who the tenant is. A home, apartment, or other dwelling is residential and runs under Part II, while business space such as a storefront, office, warehouse, or restaurant is commercial and runs under Part I. Mixed-use or unusual arrangements can blur the line, so confirm before serving a notice if you are unsure.