Florida Commercial Eviction Attorney | Nonpayment, 3-Day Notices, and Lease Disputes
Leasing commercial real estate to businesses can be a reliable source of income. However, when a commercial tenant stops paying rent, that income stream is immediately at risk. Nonpayment can disrupt cash flow, interfere with financing, and jeopardize the long-term value of the property.
In these situations, landlords often consider eviction to regain control of the property. Florida law allows commercial evictions, but only when the proper legal process is followed. Failing to comply with statutory notice and filing requirements can delay removal, increase losses, and expose landlords to unnecessary legal challenges.
Need Help With a Florida Commercial Eviction?
Our real estate litigation attorneys assist commercial landlords with:
- Preparation and service of 3-day notices
- Commercial eviction lawsuit filing and litigation
- Commercial lease dispute resolution
- Responding to tenant defenses and counterclaims
Free consultation: (727) 275-9575
Commercial Eviction in Florida: The Legal Process
Florida requires landlords to provide written notice before filing an eviction action against a commercial tenant. For nonpayment of rent, this process is governed by Florida Statutes Chapter 83.
The required notice must:
- Explain why the tenant is in default
- Provide the legally required period to cure the default
- State that failure to comply will result in an eviction lawsuit
The statutory three-day notice period excludes weekends and legal holidays. Notice must also be served correctly. Improper service is one of the most common reasons commercial eviction cases are delayed or dismissed.
Florida Commercial Eviction Timeline
| Day | Action | Details |
|---|---|---|
| Day 1 | Rent due date passes | Tenant fails to pay rent as required by the lease |
| Day 4 | Serve 3-day notice | Notice to pay or vacate (weekends and holidays excluded) |
| Day 7 | File eviction lawsuit | Landlord files complaint if default is not cured |
| Day 10–14 | Court hearing | Tenant may raise defenses or contest eviction |
| Day 20–30 | Writ of possession issued | Court authorizes removal if landlord prevails |
| Day 35 | Sheriff removes tenant | Physical eviction completed by law enforcement |
In uncontested cases, commercial evictions often take approximately 30 to 45 days. Contested cases or procedural errors can extend that timeline significantly.
Why Commercial Tenants Challenge Evictions
While commercial tenants generally have fewer statutory protections than residential tenants, they can still challenge an eviction if the landlord fails to strictly follow the required process. Common challenges include:
- Failure to provide proper written notice
- Improper service of notices or court documents
- Disputes over rent calculations, credits, or offsets
- Claims the landlord breached the lease first
- Allegations of retaliation or discriminatory conduct
Even when nonpayment is clear, a procedural mistake can force the landlord to restart the eviction process, resulting in additional lost rent and legal expense.
Residential vs. Commercial Eviction in Florida
| Factor | Residential | Commercial |
|---|---|---|
| Notice requirements | Vary by reason and statute | Typically 3 days for nonpayment |
| Available defenses | Broad statutory protections | Primarily lease and payment disputes |
| Attorney requirement | Not required | Corporate tenants must appear through counsel |
| Typical timeline | 30–45 days | Often faster if uncontested |
Protect Your Commercial Property Investment
Nonpaying tenants create immediate financial and operational risk. The most effective way to regain control of a commercial property is to follow Florida’s eviction procedures carefully from the outset. Proper notice, proper service, and a disciplined litigation strategy are essential.
To discuss commercial eviction strategy, notice preparation, or lease disputes, call (727) 275-9575 to speak with an experienced Florida real estate litigation attorney.
Statutory reference for general information: Fla. Stat. § 83.20. This content is provided for informational purposes only and does not constitute legal advice.
