Commercial Evictions in Florida: What Landlords Need to Know to Protect Their Property and Enforce Their Rights
For Florida commercial landlords, your property is a business asset — one that must be protected from nonpaying tenants, lease violators, and disruptive occupants who threaten the value of your investment.
But enforcing your rights isn’t always straightforward. Florida commercial evictions move quickly when handled correctly, and even a small procedural mistake can delay your case or strengthen the tenant’s defenses.
One of the most powerful tools available to landlords is Florida’s summary procedure statute (§51.011), which allows you to fast-track the eviction process and regain possession of your property with far less delay. And once possession is resolved, you retain the ability to file a separate lawsuit for money damages, ensuring that you’re not forced to choose between getting the property back or recovering what you’re owed.
Below is what every Florida commercial landlord should understand to protect their property and enforce their lease rights effectively.
1. In Florida, the Lease Is King — and Courts Enforce Commercial Leases Strictly
Florida courts take a contract-driven approach to commercial landlord-tenant law. Your rights as a landlord come from the lease you negotiated, and courts generally enforce those terms as written.
Common grounds for eviction include:
Nonpayment or chronic late payment of rent
Violations of use restrictions
Unauthorized alterations or improvements
Failure to maintain insurance
Improper subleasing or assignment
Interference with other tenants or common areas
When the lease is clear and properly drafted, Florida law gives you powerful enforcement mechanisms.
2. Summary Procedure: Landlords’ Fast-Track Path to Regaining Possession
When a tenant breaches the lease and refuses to vacate, Florida landlords can invoke §51.011 — the summary procedure statute — to dramatically expedite the eviction process.
This fast-track litigation method is one of the strongest advantages commercial landlords have in Florida.
Once invoked, it:
Shortens response times
Accelerates court hearings
Limits delays
Limits discovery to oral depositions unless the court specifically permits additional discovery
Pushes the case to final judgment efficiently
For landlords, this means you can regain possession of your property far sooner than in a standard civil lawsuit — often in a matter of weeks.
But summary procedure must be invoked properly and strategically. Any misstep in notices, pleadings, or rent calculations can give the tenant an opening to slow the case down or raise additional defenses.
3. Evict First, Pursue Money Damages Second
One of the biggest advantages Florida gives to commercial landlords is the ability to separate possession from money damages.
Step 1: Use Summary Procedure to Recover Possession
The initial lawsuit focuses solely on getting the tenant out.
This allows you to:
Stop the bleeding
Prevent further property damage
Re-lease the space quickly
Avoid month-to-month losses
The limited scope keeps the case efficient and avoids delays that come with litigating damages.
Step 2: File a Separate Lawsuit for Damages
After possession is restored, you can bring a separate civil action to recover:
Unpaid rent
Accelerated rent (only if provided in the lease)
Property damage
Repair or restoration costs
Attorney fees and court costs
Holdover damages
Any additional contractual damages
This two-step structure ensures you regain your property quickly while still preserving your right to full financial recovery.
4. Even in Commercial Cases, Tenants May Claim Defenses — Preparation Matters
Tenants frequently raise defenses such as:
Improper notice
Rent miscalculations
Allegations that the landlord breached first
Claims of waiver (e.g., accepting late payments in the past)
Illegal self-help (lockouts, utility shut-offs, or other prohibited actions)
Many of these can be defeated with:
A clean paper trail
Proper statutory notices
A carefully drafted lease
Avoiding any conduct that could be seen as self-help
Documentation of tenant breaches
Landlords who follow the right procedures from the start maintain the advantage throughout the litigation.
5. Avoiding Self-Help Is Essential — Even When the Tenant Is in the Wrong
Florida law prohibits landlords from engaging in self-help tactics such as:
Locking the tenant out
Cutting off utilities
Removing doors, equipment, or property
Taking any action intended to force a tenant out without a court order
These actions can expose landlords to significant liability — including damages and attorney fees — and often give tenants powerful counterclaims.
The safest and most effective strategy is always to use the statutory eviction process.
6. Negotiation Can Save Time, Money, and Litigation Risk
Even when a landlord is fully in the right, litigation isn’t always the most cost-effective path. Skilled negotiation can result in:
Agreed move-out dates
Payment plans
De-escalation of disputes
Avoidance of expensive restoration battles
Releases of liability
Faster access to the property
With the right leverage — especially under summary procedure — landlords often secure better outcomes through negotiated solutions.
7. Strong Leases Are Your Best Protection
Many landlord problems begin with poorly drafted or recycled lease forms. A strong commercial lease should include:
Clear default provisions
Specific notice-and-cure requirements
Rent acceleration rights
Limitations on tenant alterations
Insurance and indemnity obligations
Maintenance duties spelled out clearly
Attorney-fee provisions
Restrictions on assignment and subleasing
Holdover rent penalties
The better the lease, the faster and cleaner the eviction process will be.
Final Word: Florida Gives Landlords Powerful Tools — If You Use Them Correctly
Commercial landlords in Florida benefit from a legal system designed to protect property rights and keep business spaces productive. But maximizing those protections requires:
Correctly invoking summary procedure
Executing proper statutory notices
Avoiding self-help pitfalls
Preparing for the tenant’s defenses
Understanding when to negotiate and when to litigate
Using separate lawsuits to recover full damages
When your investment is on the line, speed, precision, and strategy matter.
Our firm helps Florida commercial landlords regain possession quickly, minimize exposure, and position themselves for full financial recovery. Whether you’re preparing to evict a tenant, need a lease reviewed, or want a litigation strategy that protects your investment, we are here to help you move decisively and confidently.
Protect Your Property. Enforce Your Lease. Move Fast.
If you’re a Florida commercial landlord dealing with a nonpaying or lease-violating tenant, timing is everything. Don’t risk delays, procedural missteps, or self-help liability. Our firm helps landlords:
Navigate Florida’s summary procedure to regain possession quickly
Avoid costly mistakes that could delay eviction
Strategically pursue separate lawsuits for money damages
Negotiate favorable outcomes when appropriate
Contact us today to ensure your commercial property is protected and your rights are fully enforced. The faster you act, the stronger your position.