How to Remove Squatters From Commercial Property in Florida

For a year after Florida gave residential owners a way to remove squatters without going to court, commercial owners were left with the old playbook: file suit, serve, wait for a judge. That changed on July 1, 2025. Vacant retail, warehouse, office, and industrial space now carries the same nonjudicial remedy, with a handful of differences that matter if you are the one signing the complaint.

What Section 82.037 Does

The statute lets a commercial property owner or an authorized agent ask the sheriff of the county where the property sits to immediately remove anyone unlawfully occupying it. No complaint is filed with the clerk. No summons issues. No judge hears the matter. Verification by the sheriff is what unlocks the process.

It sits alongside, not in place of, the existing options. Chapter 82 still provides an unlawful detainer action for cases the sheriff will not take, and Chapter 83, Part I still governs commercial evictions where a lease exists.

The Seven Conditions

All seven must be true. Missing one takes you outside the statute.

1. You are the owner or authorized agent of the commercial property.
2. The property being occupied includes commercial property.
3. Unauthorized persons entered unlawfully and remain in or continue to occupy it.
4. The property was not open to the public when they entered.
5. You have already directed them to leave.
6. They are not current or former tenants under a written or oral rental agreement you authorized.
7. No litigation is pending between you and any known unauthorized person concerning the property.

Where the Commercial Statute Differs From the Residential One

The two sections read similarly, and most published summaries treat them as identical. They are not.

The absence of a family exclusion is the practical one. In a residential case, a relative occupying the property takes you straight to court. In a commercial case, no equivalent carve-out exists, though the former tenant exclusion still applies and covers most family-run business situations where a lease was ever in place.

How the Process Runs

1. Submit the verified complaint. Present a completed Complaint to Remove Persons Unlawfully Occupying Commercial Real Property to the sheriff of the county where the property is located. The statute supplies the form.
2. The sheriff verifies ownership. The sheriff confirms you are the record owner or authorized agent and appear otherwise entitled to relief.
3. Notice to vacate immediately is served. The statute says the sheriff must act without delay. Service is by hand delivery to an occupant or by posting on the front door or entrance.
4. The sheriff puts you back in possession and attempts to verify the identity of everyone occupying the property, noting those identities on the return of service.
5. Arrests are possible. If appropriate, the sheriff may arrest anyone found on the property for trespass, outstanding warrants, or other legal cause.
6. Request a standby if you need one. After service, you may ask the sheriff to keep the peace while you change the locks and move personal property to or near the property line, at a reasonable hourly rate.

What the Complaint Requires

Eleven statements, each initialed separately. Three carry weight beyond the formality.

Statement 6 requires you to state that any lease an occupant produces is fraudulent. Statement 9 is your acknowledgment that a person removed may sue you for false statements or wrongful use of the procedure, exposing you to actual damages, penalties, costs, and attorney fees. Statement 10 authorizes the sheriff to enter using reasonably necessary force, search the property, and remove any unauthorized person.

You attach valid government-issued identification, or, as an agent, documents evidencing your authority to act for the owner. The whole thing is signed under penalty of perjury as provided in Section 92.525.

When You Cannot Use It

The former tenant exclusion is the boundary that matters most in commercial real estate, because commercial holdovers are far more common than commercial squatters.

A tenant whose lease expired, a tenant who stopped paying and stayed, a subtenant admitted under a lease you authorized: none of these can be removed under Section 82.037. Commercial evictions run through Chapter 83, Part I, primarily Sections 83.20 and 83.21, and typically take about 30 to 60 days depending on whether the case is uncontested or contested by the tenant.

Pending litigation is the other common disqualifier. If you are already in a dispute with the occupant over the property, whether that is a lease dispute, a title dispute, or a partnership matter, the sheriff route closes and an unlawful detainer action under Section 82.03 or an ejectment suit becomes the path.

What It Costs

Compared to a commercial unlawful detainer or holdover eviction, the sheriff route is dramatically cheaper. That is exactly why the eligibility screen deserves careful attention before anyone signs the complaint.

Frequently Asked Questions

Red Flag Clauses That Can Undermine Buyer Rights

Certain clauses can quietly shift the balance of power in favor of the seller. One example is a non-refundable deposit term that kicks in before inspection results. Another is vague language around seller repairs, which may not require licensed professionals or quality standards.

Arbitration clauses can limit your ability to resolve disputes in court, and liquidated damages sections may cap your recovery if the seller defaults. Some contracts also include provisions limiting buyer remedies to specific types of claims. We flag these risks and explain how they may affect your decision.

Common red flags include:

• Early deposit forfeiture

• Poorly defined repair requirements

• Arbitration mandates or mediation-only terms

• Caps on damages if the deal fails

How Contract Language Impacts Your Timeline and Risk

Florida contracts often include “time is of the essence” clauses that make deadlines legally enforceable. Missing a contingency period by even one day can eliminate your right to cancel or request changes. If key terms aren’t clearly defined. like closing delays, inspection repairs, or loan approval periods, you may face penalties or even breach allegations.

We ensure all dates and conditions are coordinated with your lender, inspector, and closing agent. We also review extension clauses and notice requirements so that your rights aren’t lost by accident. Managing risk starts with clear terms and real-time awareness of all critical deadlines.

We clarify and align:

• Inspection and financing periods

• Final walk-through and occupancy terms

• Title delivery and objection timelines

• Notice procedures and escalation steps

Coordinating with Title and Closing Agents for Legal Consistency

Attorneys don’t just review the contract—they also coordinate with title and closing professionals to catch inconsistencies. If your contract conflicts with the title commitment or settlement statement, it could delay the deal or expose you to surprise costs. We ensure your title documents match what’s written in the agreement, especially regarding liens, easements, or restrictions.

We also verify that your contract obligates the seller to deliver clear title. If the seller is using a power of attorney, trust, or estate to sell, we confirm those documents are valid and enforceable. Legal consistency across all documentation prevents problems before closing.

Review includes:

• Title commitment and deed language

• Power of attorney or trust authority

• Closing statement breakdown

• Title insurance requirements

When to Involve an Attorney and What to Expect From the Review

The best time to engage legal review is before you sign anything binding. In many cases, buyers send over an unsigned draft for a fast review before accepting the offer terms. Our process involves identifying problem areas, marking suggested edits, and walking through the document with you.

If you’re already under contract, we can still help ensure upcoming deadlines and protections are preserved. We also handle contract revisions during negotiations, including drafting or reviewing counteroffers and addendums. The review is efficient, cost-effective, and focused on your risk exposure.

What the process looks like:

• Receive your contract and related documents

• Conduct a detailed legal review

• Identify problem terms or missing protections

• Recommend changes or clarifications

• Provide summary guidance via call or email

How Addendums and Amendments Are Handled During Legal Review

Buyers often encounter contract changes after the deal is underway. These come in the form of addendums or amendments that adjust terms like price, occupancy, or deadlines. We review each one to ensure it’s consistent with the original agreement and doesn’t introduce new risk.

Addendums are legally binding once signed, even if they contradict prior terms. Poorly written changes may open the door to confusion, enforcement issues, or unexpected costs. Our role is to confirm accuracy, flag ambiguous terms, and ensure nothing is missed when changes are proposed mid-transaction.

We assist with:

• Reviewing seller-proposed addendums

• Drafting clear, enforceable revisions

• Ensuring updated terms don’t conflict with existing ones

What to Do If a Contract Was Already Signed Without Review

If you’ve already signed a Florida real estate contract without legal review, it’s not too late to protect yourself. First, identify your remaining contingency periods—these may still allow you to renegotiate or withdraw. Second, send the contract to an attorney immediately for evaluation of enforceability, risk, and potential issues.

We can help prepare any necessary addendums to clarify or revise unclear terms. In some cases, legal notice must be given quickly to preserve your rights. Acting fast can prevent minor mistakes from becoming serious liabilities.

Steps to take:

• Confirm key contingency dates haven’t passed

• Send your contract for post-signing legal review

• Discuss potential addendums or clarifications

• Take timely action to protect deposit and closing rights

Florida Real Estate Contract Review FAQs

What does a real estate attorney actually do during contract review?

We read every clause of your contract to ensure that it aligns with Florida law and protects your interests. This includes checking contingency periods, financing terms, inspection rights, and how default is defined. We also identify vague or risky language that may expose you to future disputes. After review, we provide a clear summary and suggest any changes needed to reduce legal or financial exposure.

Is legal review different from what my agent does?

Yes. Agents can explain process and market terms but are not allowed to interpret legal obligations. Attorneys focus on enforceability, risk, and contract structure, which agents cannot legally advise on. If the deal goes sideways, only an attorney’s input can hold up in court. Legal review is about protecting your rights, not just understanding the steps.

What if I already signed a contract—can I still get legal help?

Yes, but time is critical. If your contract includes inspection, financing, or other contingency periods, you may still have options to renegotiate or cancel. We can assess what rights remain and how to assert them within the required timeframes. Legal review after signing is often about minimizing risk, especially if problems emerge.

How long does it take to review a real estate contract?

Most reviews can be completed within one business day, depending on complexity. Our team prioritizes fast turnaround so your transaction isn’t delayed. We’ll send you a summary of concerns and can follow up by phone or email if needed. If additional documents are involved—such as addendums or disclosures—we include those in our assessment.

What kind of contract terms are easiest to overlook?

Many buyers overlook inspection waivers, financing timelines, and vague repair obligations. Others don’t realize that deposits may be non-refundable under certain default clauses. Title delivery language, occupancy agreements, and appraisal terms also cause confusion. We flag these areas so you don’t commit to more than you intended.

Are contract addendums reviewed the same way?

Yes—addendums can carry just as much legal weight as the original contract and must be reviewed with equal care. We check for consistency, enforceability, and timing conflicts between the addendum and main agreement. If multiple addendums are present, we verify they don’t contradict each other. Every change deserves legal oversight before signing.

Can you help with FSBO contracts or private sales?

Absolutely. Whether you’re purchasing through a listing agent or a for-sale-by-owner deal, our legal review process is the same. In private sales, legal guidance is even more critical since there may be fewer professionals involved. We ensure the contract complies with Florida law and that no key protections are missing.

What happens if the seller refuses to accept a contract revision?

If a seller declines requested changes, you have the choice to accept the existing terms or walk away. We can help assess how much risk is involved and whether alternative protections can be added elsewhere. Not every change is worth losing the deal over—but not every deal is worth accepting risky terms. Having an attorney gives you clarity in these situations.

Is real estate legal review expensive?

Compared to the cost of resolving a dispute later, legal review is a small investment. Our review services are flat-fee and designed to be fast and affordable for buyers across Florida. The peace of mind and risk prevention it offers far outweighs the upfront cost. We’ll always explain pricing before work begins.

How do I get started with a contract review?

Simply send us your draft or signed contract, along with any addendums or disclosure forms. Our team will conduct the review and follow up with a detailed summary of what you need to know. If any terms need to be revised, we can assist with redlining or drafting suggestions. Contact us at 877-871-8300 or through our contact page to begin.