| Factor | Commercial Evictions | Residential Evictions |
|---|---|---|
| Governing Law | Lease contract + Florida Statutes, Chapter 83, Part I | Florida Residential Landlord & Tenant Act (Chapter 83, Part II) |
| Required Notice | As stated in the lease, or reasonable notice | Strict statutory notice periods (e.g., 3-day, 7-day, 15/60-day) |
| Self-Help Eviction | Sometimes allowed if specified in lease | Strictly prohibited |
| Tenant Protections | Limited—subject to contract | Strong legal protections |
| Lease Breach Consequences | May trigger rent acceleration & personal liability | Landlords may need court order for damages |
1. Fewer Tenant Protections for Commercial Tenants
Residential tenants have many legal protections under the Florida Residential Landlord and Tenant Act (Chapter 83, Part II). In contrast, commercial tenants receive fewer statutory protections because Florida courts assume business owners can negotiate lease terms fairly.
- Commercial landlords and tenants have more freedom to negotiate lease terms, including:
- Waiver of statutory notice requirements
- Rent acceleration clauses (where all remaining rent becomes due upon default)
- Personal liability for rent (for small business tenants who sign personal guarantees)
🔹 Key Takeaway: In a commercial eviction, the lease agreement largely governs the landlord’s rights and obligations.
2. Notice Requirements Are More Flexible
In residential evictions, landlords must follow strict notice periods before filing for eviction:
- 3-Day Notice – For non-payment of rent
- 7-Day Notice – For lease violations
- 15-Day (or 60-Day in Broward) Notice – To terminate a month-to-month tenancy
However, commercial evictions do not follow these strict notice periods unless the lease specifies them. Instead, Florida law requires “reasonable notice”, which can vary based on lease terms.
🔹 Key Takeaway: Always check the lease—if it does not specify notice requirements, landlords must provide a reasonable amount of time for the tenant to cure the default before eviction.
3. Self-Help Evictions Are Sometimes Allowed in Commercial Leases
Florida strictly prohibits self-help evictions for residential tenants. Landlords cannot change locks, shut off utilities, or remove belongings without a court order.
However, some commercial leases include provisions allowing self-help evictions if the tenant defaults. This means a landlord may be able to:
✔ Change the locks and retake possession without court involvement (if lease permits).
✔ Terminate the lease and repossess the premises immediately upon default.
🔹 Key Takeaway: If the lease expressly allows self-help, landlords may not need to file an eviction lawsuit. However, this approach carries legal risks and should be used carefully.
4. Commercial Tenants May Have Personal Liability for Rent
Many commercial leases require business owners to sign personal guarantees, making them personally responsible for unpaid rent and lease damages—even if the business entity dissolves.
This differs from residential leases, where landlords typically cannot pursue individual tenants beyond their security deposit unless they win a judgment.
🔹 Key Takeaway: In a commercial eviction, landlords may recover more than just possession—they may also seek back rent and damages from the tenant or guarantor.
5. Security Deposits & Accelerated Rent in Commercial Leases
Residential landlords in Florida must follow strict rules when handling security deposits, including returning deposits within 15-30 days and providing notice of deductions.
Commercial landlords, however, do not have to follow these strict procedures. The lease determines how and whenthe security deposit is returned, if at all.
Additionally, many commercial leases include rent acceleration clauses, meaning:
✔ If the tenant defaults, the entire balance of unpaid rent becomes due immediately.
✔ Landlords can demand full payment of the remaining lease term rather than just unpaid months.
🔹 Key Takeaway: Commercial landlords can negotiate stronger financial protections in their leases, such as rent acceleration and unrestricted security deposit handling.
The Commercial Eviction Process in Florida
Step 1: Serve the Eviction Notice (Per Lease Terms or “Reasonable Notice”)
✔ Review the lease for default notice requirements.
✔ If not specified, provide reasonable notice (typically 3-7 days).
Step 2: File the Eviction Complaint
✔ If the tenant does not cure the default, file an Unlawful Detainer Complaint in county court.
✔ The tenant has 5 business days to respond.
Step 3: Court Hearing (If Tenant Contests Eviction)
✔ If the tenant files a response, the court may hold a hearing.
✔ If the landlord wins, the court issues a Final Judgment for Possession.
Step 4: Writ of Possession & Sheriff’s Removal
✔ If the tenant refuses to leave, request a Writ of Possession.
✔ The sheriff will remove the tenant after posting a 24-hour notice.
🔹 Total Estimated Timeline: 3-6 weeks for uncontested evictions, 6-8+ weeks for contested cases.
Final Thoughts: Protecting Your Rights in Commercial Evictions
Florida’s commercial eviction laws favor landlords, but the lease agreement is king. A well-drafted lease can provide:
✔ Stronger financial protections, such as personal guarantees and rent acceleration.
✔ Faster eviction procedures, including self-help eviction rights.
✔ Fewer legal hurdles, as commercial tenants lack the protections of residential renters.
If you’re a commercial landlord dealing with a tenant default, we can help you:
📌 Enforce your lease rights.
📌 Navigate the eviction process.
📌 Recover unpaid rent and damages.
📞 Need assistance with a commercial eviction? Contact us today for legal guidance!