In Florida, non-residential (commercial) tenances are controlled by Florida Statutes Chapter 83, Part I.
The landlord is required to file an eviction in Court in order to remove a tenant.
Before an eviction may be filed, the landlord must terminate the tenancy. Different types of violations of the lease require the issuance of different notices in order to terminate the tenancy. It is the notice that terminates the tenancy.
There are three main reasons to evict a tenant.
- Non-payment of rent
- Breach of the lease terms
- Holding over after the tenancy has ended.
All of the forms are available on the page Landlords/Forms/Legal. Be sure to read the instructions for the proper use of the forms
NON-PAYMENT OF RENT
Post a 3-day notice conspicuously at the leased premises. If the tenant does not deliver the rent money in full to the landlord’s address by the expiration date on the notice the rental agreement is deemed terminated and the landlord may file for eviction in court on the next business day. A copy of the lease (if there is one) and the 3 day notice must be attached to the complaint.
- Issue a 3 day notice
- Did tenant offer payment within the 3 days ?
- Full payment: Tenancy not terminated
- Partial Payement:
- Landlord may reject a partial payment and proceed to evict,
- or accept partial payment and issue a new 3-day for the balance due,
- or file an eviction and deposit the partial payment in the court registry
- No payement within 3 days: the tenancy is terminated. The tenant does not have the right to reinstate the tenancy by paying after the 3 days.
If the tenant is violating the lease terms the landlord must serve a 15 day notice of lease violation. If the violation is not cured by the expiration of the notice, the landlord may file a complaint for possession and damages without further notices.
- Issue Notice of Non-renewal (15 day notice, 7 day notice for week to week).
- Tenant moved out: case closed
- Tenant in still possession: file complaint for possession & double per diem rent.
- Lease expired on its own terms: no notice is required. File complaint for possession & double per diem rent