A Step-by-Step Timeline for Commercial Evictions in Florida: What Property Managers Should Expect

Commercial evictions in Florida can move quickly compared to many other states—but that speed does not make the process “simple.” For property managers, the biggest risks come from missing a required notice, miscalculating deadlines, accepting partial payments incorrectly, or attempting a lockout without a court order. Any of these missteps can delay removal of the tenant and extend vacancy loss.

This guide breaks down a practical, step-by-step timeline of a Florida commercial eviction so property managers know what to expect, what to prepare, and how to protect the asset from unnecessary legal exposure.

Why Florida Commercial Evictions Follow a Specific Timeline

In Florida, commercial tenancies are governed primarily by the lease agreement and Florida’s landlord-tenant laws. Unlike residential evictions (which include extensive tenant protections), commercial matters are generally more contract-driven—meaning the lease language often determines which notices are required, what constitutes default, and what remedies are available.

Because timelines are tied to compliance, the most effective way to avoid delays is to treat the eviction as a documented workflow: notice, filing, service, court deadlines, judgment, and removal.

Step 1: Identify the Default and Review the Lease (Day 0–2)

Before serving any notice, property managers should confirm:

• The exact default (nonpayment, holdover, unauthorized use, subletting, nuisance, etc.)

• Which lease clause is violated

• Cure periods and notice requirements stated in the lease

• Whether the lease requires written notice, delivery method, or specific language

• Whether rent includes CAM, late fees, utilities, taxes, or other charges

This stage is critical because serving the wrong notice—or serving a notice not required by the lease—can cause the eviction case to be dismissed or delayed.

Step 2: Deliver the Proper Notice to the Tenant (Typically Day 1–10)

The notice required depends on the reason for eviction. Common scenarios include:

Nonpayment of Rent

Florida commercial evictions often begin with a 3-day notice (excluding weekends and legal holidays) demanding rent payment or surrender of possession. Many leases also require separate default notices before this notice can be served.

Lease Violation (Other Than Rent)

If the tenant violates the lease in another way—such as illegal activity, prohibited business use, nuisance behavior, or insurance noncompliance—leases often require a notice to cure or notice of default. The cure period may be 5, 10, or 15 days depending on the lease.

Holdover Tenant

If the lease ended and the tenant refuses to leave, the notice depends on the tenancy type and lease language. Many holdover situations proceed quickly because the tenant has no contractual right to remain.

Best practice: keep a full record of the notice, how it was served, and proof of delivery.

Step 3: File the Commercial Eviction Lawsuit (Usually Day 7–21)

If the tenant fails to comply within the notice timeframe, the landlord typically files a complaint for eviction in the appropriate Florida county court.

The filing stage includes:

• Drafting the complaint and exhibits

• Attaching the lease and relevant notices

• Accounting for rent amounts due (if applicable)

• Requesting relief such as possession and back rent

In commercial cases, documentation matters. Incomplete exhibits or unclear default claims can trigger delays or invite defenses.

Step 4: Service of Process on the Tenant (Typically Day 10–30)

Once filed, the tenant must be served by an authorized process server. The timeline here depends on how easy it is to locate the tenant or registered agent.

• If the tenant is a business entity, service may need to be completed on the registered agent

• If the business is closed or avoiding service, alternate service methods may apply

Service completion is what starts the tenant’s response deadlines, so delays in service can significantly extend the eviction timeline.

Step 5: Tenant Response Deadline and Rent Deposit Requirement (Day 15–40)

After service, the tenant has a limited timeframe to respond in court.

In many nonpayment cases, Florida procedures require the tenant to deposit rent into the court registry to defend the case. If the tenant fails to deposit the required amount, the landlord may be entitled to seek possession faster—often through a court motion.

This phase is where experienced property managers can avoid delays by monitoring:

• Whether an answer was filed

• Whether rent was deposited correctly (and on time)

• Whether tenant defenses have legal merit

Step 6: Court Hearing, Judgment, or Default (Day 30–60)

If the tenant does not respond at all, the landlord may request a default judgment. If the tenant responds, the case may proceed to:

• a hearing on possession

• a mediation event (sometimes ordered)

• or additional motions depending on defenses

Many commercial eviction cases resolve in this stage because tenants may negotiate move-out timelines to avoid removal.

Once the court rules for the landlord, the court enters a final judgment for possession.

Step 7: Writ of Possession and Removal by the Sheriff (Day 45–75)

After final judgment, the landlord requests a Writ of Possession. This is the document that authorizes the sheriff to remove the tenant.

Important notes for property managers:

• You cannot lock out a commercial tenant without a writ

• The sheriff posts the writ on the premises

• After the posted time expires, the sheriff can physically remove the tenant if necessary

At that point, possession returns to the landlord. The property manager should immediately coordinate:

• lock changes

• security and surveillance

• inventory documentation (if tenant left property)

• restoration plans (repairs, cleaning, buildout)

Step 8: Post-Eviction Recovery and Lease Enforcement (Day 60+)

Eviction restores possession, but financial recovery may require separate action depending on lease language. Property managers should be prepared to:

• calculate back rent and additional damages

• document repair costs and lost rent

• pursue collection options if permitted

• coordinate re-leasing strategy

A clean documentation package can make recovery significantly more effective, especially if it becomes necessary to pursue the tenant (or guarantor) after removal.

How Property Managers Can Prevent Eviction Delays

To reduce timeline disruptions:

• Maintain a complete lease file (signed lease, amendments, notices, ledgers)

• Do not accept payments without written strategy (payment acceptance can waive default claims in some situations)

• Ensure all notice periods are calculated correctly

• Use consistent, professional documentation practices

• Avoid any “self-help” eviction actions

Ultimately, the fastest commercial evictions are the ones executed with precise compliance from the beginning.

Eviction Law Firm

Commercial evictions are not just legal events—they are operational events that affect cash flow, occupancy strategy, tenant mix, and property stability. For property managers, the best results come from treating the eviction timeline like a compliance-driven process where every step has to be documented, served properly, and executed in order.

If you are managing a Florida commercial property and need to remove a tenant efficiently while minimizing risk, the right legal guidance can significantly improve both the speed and outcome of the case. For experienced support from start to finish, contact Eviction Law Firm. Call 877-573-8428

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Frequently Asked Questions

1) How long does a commercial eviction take in Florida?

Many uncontested cases can be completed within 4 to 8 weeks, but timelines vary based on service delays, tenant defenses, and court scheduling.

2) Can a Florida landlord lock out a commercial tenant?

No. A landlord must obtain a final judgment and a Writ of Possession, and removal must be carried out by the sheriff—not the property manager.

3) Does a commercial tenant have to deposit rent to fight an eviction?

In many nonpayment cases, yes. Florida procedures often require tenants to deposit disputed rent amounts into the court registry to continue defending the case.

4) What mistakes cause commercial eviction delays?

Common mistakes include using the wrong notice, miscalculating deadlines, accepting partial rent improperly, poor documentation, and filing without required lease exhibits.