Landlord Strategy

How to Handle Commercial Tenant Evictions in South Florida: Timelines and Legal Steps

The statutory steps Florida landlords generally follow to regain a nonresidential space after rent default, what can affect the timeline, and when a direct sale may make more sense than a long dispute.

September 24, 20266 min readBy Price Capital Group

For independent commercial landlords in South Florida, a signed five year lease can look like a dependable stream of income. The operational reality of managing local retail plazas, small bay industrial warehouses, and neighborhood office buildings carries real risk. When a commercial tenant stops paying rent, the landlord faces more than a contract breach: a performing suite can quickly become a drag on cash flow.

Florida uses different statutory frameworks for nonresidential and residential tenancies, and commercial leases often provide broader negotiated remedies and obligations. Following the correct procedure matters. A procedural error during the notice or filing stage can delay the case while the tenant remains in the space and the owner continues to carry property taxes, insurance, and debt service.

This guide walks through the commercial eviction process in Florida, how a Writ of Possession is obtained, and when liquidating a distressed asset may be a better option than a prolonged legal dispute. It is general educational information, not individualized legal advice.

The Florida Statutory Commercial Eviction Process

The procedure for removing a nonresidential tenant in Florida is set out in Part I of Chapter 83 of the Florida Statutes. Before acting, landlords should confirm each step against the current statutes, the governing lease, applicable court rules, and local county procedures, ideally with Florida counsel.

1. Serve the Three Day Notice

When a commercial tenant defaults on rent, Florida Statutes §83.20 provides for a written three day notice requiring payment of the rent due or surrender of possession. This is how to evict a commercial tenant in Florida for nonpayment: the process typically starts with a written 3 day notice under the commercial lease.

Florida law provides a statutory notice process for removal of a nonresidential tenant after rent default. The required notice, service method, cure period, lease language, and filing procedure should be confirmed against current law and the governing lease. How days are counted, and the consequence of a defective or premature notice, can depend on the statute, the lease, and how the court applies them, so notice timing is worth reviewing carefully before filing.

2. File the Eviction Complaint

If the default is not cured and the tenant does not surrender possession after the applicable notice period, the landlord may pursue possession through the county court where the property is located. The landlord files a complaint, the court issues a summons, and the tenant must be served according to the applicable rules.

Response deadlines and service requirements depend on the applicable statute, rules, method of service, and case posture. For example, §83.22 sets a minimum period after certain forms of service before a final judgment for removal may be entered. The Florida Courts website provides general information about the state court system and county court procedures.

3. Enforce the Court Registry Requirement

Florida's nonresidential landlord-tenant statutes contain a court-registry mechanism that can materially affect a tenant's ability to contest possession. Under §83.232, in an action that includes a claim for possession, the tenant is generally required to pay the rent alleged to be due into the court registry, along with rent that accrues during the case, or to file a motion asking the court to determine the amount if the tenant disputes it.

The statute addresses what may happen if the tenant does not comply, which can include the landlord becoming entitled to an immediate default for possession. The exact requirements, available defenses, contested-rent procedures, and consequences depend on the current text of §83.232 and the court's application of it in the specific case.

4. Execute the Writ of Possession

Under §83.241, after a judgment for the landlord, the clerk issues a writ directing the sheriff to put the landlord in possession of the premises. The sheriff's office then carries out the writ according to its own procedures.

Execution timing and the handling of the tenant's personal property can vary by county and by the circumstances of the case. Residential tenancy provisions, such as the 24 hour notice language in the residential part of Chapter 83, should not be assumed to apply to a nonresidential writ. Landlords should confirm with counsel and the local sheriff's office before changing locks or handling property left in the suite.

Overall timing is not fixed. It can depend on service, tenant defenses, disputed rent, motions, court availability, county procedure, lease terms, bankruptcy filings, appeals, and other litigation.

The Hidden Capital Destruction of Commercial Evictions

The cost of a commercial eviction often extends well beyond attorney fees. As Jason emphasizes in Why Most Businesses Fail Before They Even Start, weak operational systems can quietly erode cash flow.

After an eviction, the landlord is often left with a vacant suite. As we highlighted in This Property Looked Like a Deal Until We Got There, physical condition can change the economics of a property. Vacancy can reduce property income and may require leasing commissions, Tenant Improvement expenditures, repairs, concessions, or other capital before a replacement tenant begins paying rent. The amount depends on the suite's condition, the prior buildout, the target tenant, and market terms.

During the eviction and re-leasing period, that suite may produce little or no rental income while the owner continues to carry its share of taxes, insurance, and operating costs. A simple way to frame the total exposure:

Total Eviction Cost = Lost Rent + Legal Fees + New Tenant Improvements + Broker Commissions

Illustrative framework only. Actual costs vary by property, lease, case posture, and market conditions.

For independent landlords operating on thin margins, funding these costs to secure a new tenant can be difficult. Following the principles in The Discipline Loop: Why Your Process Beats Your Goals, owners should honestly evaluate whether injecting fresh capital into a struggling retail plaza or small bay industrial park is worth the projected return.

Bypassing the Legal Friction via Direct Cash Acquisition

An active tenant dispute or eviction can complicate a sale. It may affect buyer underwriting, lender appetite, occupancy assumptions, and closing conditions, and buyers relying on conventional financing may face additional hurdles or delays while the dispute is unresolved.

A direct off market sale to an established corporate cash buyer is one alternative. Direct capital can reduce dependence on financing contingencies, and some buyers will consider properties in as is condition. Buyers may underwrite active litigation, lease disputes, and expected re-leasing costs into their pricing, and the allocation of legal liabilities depends on the transaction documents.

A direct sale may avoid negotiated brokerage commissions and can support a more defined closing process, allowing an owner to redeploy equity into a performing asset. Execution still depends on diligence, documentation, and the terms of the agreement.

To see how corporate buying groups may view your property's yield with a problem tenant in place, test your figures in our interactive cap rate calculator. If you are tired of managing commercial evictions and want a confidential corporate cash evaluation, Submit a Property to our direct acquisition team. For an in depth breakdown of private transaction structures, explore our master guide on selling commercial property off market.