When a commercial tenant stops paying rent but keeps operating, it puts a landlord in a tough position: you want the space back (and you want your money), but one wrong move can create delay, leverage for the tenant, or even a wrongful eviction claim.
This guide is a practical action plan for Florida commercial landlords dealing with nonpayment while the tenant remains open for business.
Disclaimer: This post is general information, not legal advice. Commercial leases and facts vary.
1) Confirm the default and read the lease like a roadmap
Start with the lease. Commercial leases often control:
- Grace periods (if any)
- Late fees / default interest
- Notice requirements (timing, content, where to send, and how to send)
- What “rent” includes (base rent, CAM, taxes, insurance, utilities, percentage rent, etc.)
- Non-rent defaults (insurance, maintenance, permits, unauthorized assignment)
- Attorney’s fee and prevailing party provisions
Landlord tip: In commercial evictions, landlords often lose weeks (or months) because the notice didn’t match the lease’s delivery or cure requirements.
2) Stop informal deals and start documenting everything
A tenant who’s still operating often tries to “create a dispute” to justify nonpayment. Tight documentation reduces that runway.
Build your file now:
- Rent ledger and invoices (separate base rent vs. CAM/other charges)
- The lease, amendments, guaranties, and addenda
- Emails/texts where the tenant acknowledges arrears or requests extra time
- Photos/time-stamped notes showing continued operation (signage, deliveries, employees present)
- Proof of prior concessions and whether they were accepted in writing
3) Send the right notice (and serve it the right way)
For nonpayment of commercial rent, Florida’s nonresidential statute provides a common starting point: 3 days’ written notice to pay rent or deliver possession.
Two frequent landlord mistakes:
- Wrong notice content or timing (especially when the lease requires a different cure period)
- Wrong service method or address (or no proof of service)
Even if the tenant “obviously got your email,” proof matters once you’re in court.
4) Self-help lockouts are generally not permitted in Florida commercial evictions (and there is a statute)
This is the part that gets small commercial landlords into the most trouble.
Florida’s nonresidential statute is explicit: the landlord shall recover possession “only” in one of three ways:
- by an action for possession (e.g., under § 83.20 or another civil action determining possession),
- surrender by the tenant, or
- abandonment by the tenant.
That means “self-help” measures—like changing locks, chaining doors, disabling keycards, or forcing the tenant out without a court determination—are high-risk. Florida appellate courts have treated lockouts as wrongful eviction even when the lease claimed to authorize self-help.
The common confusion: “abandonment”
Florida does allow recovery of possession if the tenant abandons—but it has a specific presumption rule. In the absence of actual knowledge of abandonment, abandonment may be presumed only if the landlord reasonably believes the tenant has been absent for 30 consecutive days, rent is not current, and a notice under § 83.20(2) was served with 10 dayselapsed.
If your tenant is still operating, this typically does not apply.
What Florida law does contemplate instead: file and pursue summary procedure
When seeking removal, the landlord (or counsel) files a complaint and is entitled to summary procedure.
Practical takeaway: If the tenant is still in possession and operating, the safest route is usually notice → filing → court process, not a lockout.
5) Decide your goal: possession, money, or leverage (usually all three)
Nonpaying commercial tenants who keep operating usually fall into one of these patterns:
- Temporary cash crunch (they can pay, but need structure)
- Strategic nonpayment (they’re squeezing you for concessions)
- Business failure (they’re stalling while they liquidate inventory)
- Dispute creation (they’re building defenses to slow you down)
Your strategy depends on what you want most:
- If you want the space back fast: focus on possession and keep the case clean.
- If you want recovery: plan for judgment + collection, including guarantors.
- If you want a practical resolution: offer a short cure window without waiving rights.
6) Move quickly once notice has run—delay usually helps the tenant
Once your notice and cure deadlines have run, a delay often benefits only the tenant—especially if they’re still collecting revenue from your location.
A strong filing posture typically includes:
- Clean exhibits (lease/amendments, rent ledger, notices, proof of service)
- Clear separation of what is “rent” vs. CAM/other charges
- A plan for likely defenses (improper notice, offsets, waiver, “we had an agreement,” etc.)
7) Don’t forget guarantors and “who actually has money”
Many commercial landlords focus only on the tenant entity. But your best leverage might be:
- Personal guaranties
- Security deposits
- Default interest / late fee provisions
- Attorney’s fee clauses
- Evidence that the operating business is moving assets or shifting to a new entity
If the tenant is still operating but not paying, it’s also the moment to watch for:
- Inventory removal
- “New LLC” rebranding
- A rumored bankruptcy filing
8) Consider a structured resolution (but paper it correctly)
Sometimes the fastest outcome is a short written deal that gets you either:
- A move-out date certain (with surrender terms), or
- A payment plan with tight defaults and clear consequences
If you go this route, the agreement should clearly address:
- Default triggers and what happens if they miss even one payment
- Attorney’s fees/costs
- Surrender logistics (keys, access codes, signage, condition, fixtures, trash-out)
- Non-waiver language so you don’t accidentally give up rights
FAQs Florida commercial landlords ask
Can I change the locks on a commercial tenant for nonpayment?
Florida law states the landlord shall recover possession only by court action, surrender, or abandonment. A lockout without a court determination is high-risk.
Is there a Florida statute requiring a 3-day notice for nonpayment (commercial)?
Yes. For nonresidential premises, § 83.20(2) references 3 days’ notice in writing requiring payment of rent or possession.
What if the tenant says they’ll file bankruptcy?
Bankruptcy can change timing and leverage quickly. Early strategy often focuses on preserving evidence, identifying guarantors, and avoiding missteps that create delay.
When you should call a Florida commercial eviction attorney
If your tenant is still operating but not paying, the common “small commercial landlord” risk is losing time due to a notice/service mistake or a misstep around possession.
A lawyer can help you:
- Serve compliant notices the first time
- File quickly under the correct procedure
- Avoid self-help traps
- Maximize recovery via guarantors and enforceable settlement terms
Andrew Douglas, P.A. works with Florida commercial landlords who want a responsive, smaller-firm approach—clear communication, fast action, and practical outcomes.