Commercial buildings, mixed use projects, and retail centers depend on rent cash flow as much as they depend on good design. When a commercial tenant stops paying or breaks a key lease obligation, the risk is not only unpaid rent, but also lender pressure, operating cost strain, and reputational issues with other tenants in the project.

Most property owners know that eviction is an option, but the process is technical and highly local. In a state such as Florida, for example, commercial evictions are governed by Part I of Chapter 83 of the Florida Statutes, with strict pre-suit notice rules and accelerated court timelines that landlords have to follow with care. That mix of asset management and legal procedure is where many mistakes happen.

That is also where experienced real estate counsel earns its keep. Law experts such as KEW Legal often help landlords interpret default clauses, collect a clean factual record, and prepare compliant notices before any filing. “Early legal review of a proposed eviction allows landlords to correct weak notices, confirm lease rights, and approach the court with a clear factual record.”

When owners treat the eviction path as a structured process instead of a last-minute reaction, they usually protect both income and relationships more effectively.

What follows is a practical, step based look at commercial evictions, using Florida as a reference point while keeping the focus useful for property owners in other jurisdictions as well.

1. Commercial Defaults and Business Risk

In commercial settings, defaults usually fall into two broad groups:

  • Monetary defaults
    • Unpaid base rent
    • Unpaid operating expenses, taxes, or CAM charges
    • Repeated late payments that trigger late fees or default interest
  • Non-monetary defaults
    • Unauthorized subleases or assignments
    • Lapse of required insurance
    • Serious use violations or chronic disturbance complaints
    • Failure to maintain the premises as required by the lease

Florida case law reflects the pattern in many states. Courts are generally comfortable enforcing termination for clear monetary defaults, as long as notice and cure requirements are met. Non-monetary defaults are more sensitive: judges often look for a material impact on the landlord’s interests before allowing a forfeiture of the lease.

For lenders, rating agencies, and joint-venture partners, a messy default that drags on for months can signal weak asset management. A consistent internal playbook, supported by outside counsel, shows that the owner treats tenancy risk with the same discipline as physical maintenance or fire safety.

Once you accept that eviction is a business process, not just a lawsuit, the next logical step is to look at the contract that governs everything: the lease.

2. Reading the Lease: Default and Remedy Clauses

Before sending any warning email or notice, the landlord’s team should sit down with the lease (and any amendments or side letters) and read four sections very closely:

Default definitions

Most commercial leases define “events of default” with some detail, often separating failures to pay rent from other violations. Monetary defaults might be triggered by non-payment on the due date or after a short grace period. Non-monetary defaults might require written notice and a longer cure period.

Florida commentary on commercial leases stresses that courts will expect landlords to follow the written default structure before terminating. If the lease requires a 10-day notice and an opportunity to cure, a landlord who jumps straight to filing can lose the case on notice grounds even if the tenant is badly behind.

Notice and cure provisions

Key questions to answer:

  • How many days does the tenant have to cure a payment default?
  • How many days for non-payment issues, such as a use violation or missing insurance certificate?
  • How must notice be delivered: personal service, certified mail, email, or all of the above?

Under Florida law, commercial tenants who are not covered by a written lease are entitled to at least 3 days’ written notice for non-payment of rent and 15 days for other defaults. Many leases, however, modify those periods by contract.

Waiver and anti-waiver language

Landlords often accept late rent during tough times. That can be used against them later if the lease does not contain a clear “no waiver” clause stating that acceptance of rent does not waive existing or future defaults. Even with such language, repeated acceptance of late rent without any written reservation can be treated by courts as a waiver of strict enforcement.

Remedy clauses and acceleration

Some leases allow acceleration of future rent after a default, while others limit the landlord to unpaid sums through the date of re-letting. Florida courts enforce acceleration clauses but require landlords to mitigate by re-letting and crediting new rent against the claim.

Once the legal “rules of the game” in the lease are clear, owners can pay closer attention to early operational signals that a tenant may be sliding toward default.

3. From Warning Signs to a Formal Notice of Default

3.1 Early warning signs and pre-default interventions

Most troubled tenancies do not begin with a missed rent check. Common early signals include:

  • Chronic late payments that resolve only after multiple reminders
  • Shrinking store hours or partially empty shelves in a retail context
  • Complaints from subtenants or neighbors about reduced services or closed areas
  • Sudden management changes, staff cuts, or visible cost-cutting on site

At this stage, property managers can often keep the situation out of court with:

  • A short, factual email documenting payment history and reminding the tenant of lease requirements
  • A phone call or meeting to understand whether the problem is temporary (such as seasonal cash flow) or structural
  • A brief written payment plan or forbearance letter, signed by both parties

Any informal deal should be very clear that it does not waive prior defaults and that failure to follow the plan returns the relationship to full enforcement mode. That keeps the landlord free to escalate if the tenant continues to slip.

When those early measures fail, the landlord’s next move is usually a formal notice of default.

3.2 Issuing a proper notice of default

In Florida, a landlord seeking to evict for non-payment of rent must first serve a 3-day notice demanding payment or possession. The notice can be mailed, personally delivered, or posted at the premises if the tenant is absent, and it has to give 3 business days (excluding weekends and legal holidays) to cure.

For non-payment defaults, if the lease is silent, Florida law generally calls for at least 15 days’ written notice to cure or surrender possession. Many commercial leases modify this, so the lease always comes first.

A solid notice of default will:

  1. Identify the lease and the premises precisely.
  2. Quote or reference the specific lease sections that have been breached.
  3. State the facts clearly: amount of rent due, dates missed, or conduct that violates the lease.
  4. Give the exact cure deadline, calculated under the lease and local law.
  5. Reserve all rights, including the right to seek unpaid rent, possession, and attorney’s fees.
  6. Follow the delivery method required by the lease and any applicable statute.

Lawyers often recommend using a delivery method that creates a proof record, such as certified mail, overnight courier, or a process server’s affidavit. That record becomes important evidence if the tenant later claims notice was defective.

3.3 Using the cure period wisely

Once notice is served, the cure clock starts. Landlords should:

  • Track deadlines on a central calendar.
  • Confirm in writing any payments received or remediation steps taken.
  • Clarify whether a partial payment is accepted on account only, not as a full cure.

In many Florida cases, a tenant who cures a monetary default by paying all past-due rent before the expiration of the cure period defeats an action for possession based on that default. The landlord may still have rights to late fees, but eviction for that specific breach is off the table.

To help visualize how timing works, here is a simplified table using Florida as an example. Always check local law, as rules vary by state.

Situation (Florida example)

Minimum notice period

Source / notes

Non-payment of commercial rent

3 days to pay or vacate

Statutory 3-day notice before filing for possession.

Non-monetary lease default (commercial, lease silent)

15 days to cure or vacate

At least 15 days’ written notice if lease does not specify.

Tenant notice to landlord to fix serious repair issues

20 days before withholding

Tenant may withhold rent only after 20 days’ notice for untenable conditions.

Tenancy at will, rent monthly (no fixed term)

15 days before month end

Either party can end tenancy with 15 days’ notice.

Presumed abandonment before using “self-help” to retake space

30 days’ absence + 10 days

Presumption if tenant absent 30 days, rent past due, and 10 days after notice.

This timing snapshot shows why detailed calendars and written records matter so much; one missed date can undermine the landlord’s entire case.

Once the cure period passes without a satisfactory resolution, owners face the harder business question: proceed with eviction or keep negotiating.

4. Should You Proceed with Eviction?

Filing a commercial eviction is not just a legal step; it is a strategic call that should factor in:

  • Tenant profile: Long-standing local anchor versus short-term user.
  • Subtenants and occupants: A default by the master tenant can disrupt multiple businesses.
  • Lender and investor expectations: Some loan documents require landlords to act promptly on defaults.
  • Market conditions: Can the space be re-let quickly at similar or better rent?
  • Court backlog and cost: Even with summary procedures, litigation consumes time and money.

Legal counsel is helpful at this junction to weigh the strength of the landlord’s notice, any waiver issues, and likely tenant defenses. Owners who decide to file should do so with a clear view of both the legal path and the back-up plan if settlement opportunities appear once the case is underway.

With that decision made, the process moves from property management to the courthouse.

5. Inside a Commercial Eviction Case

5.1 Filing the case and serving the tenant

In Florida, an action that seeks only possession of commercial premises is filed in county court. If the landlord also seeks money damages above the jurisdictional threshold (currently $50,000), the case goes to circuit court. Many landlords combine possession claims and damages in a single lawsuit.

A typical filing package includes:

  • Complaint for eviction based on non-payment or other default, using statutory forms as a model.
  • Any claim for unpaid rent, CAM, or other charges.
  • Lease and amendments.
  • Copies of all notices, delivery receipts, and payment ledgers.

Florida law gives commercial landlords access to summary procedure, which compresses timelines. After service of the summons and complaint, a tenant usually has only 5 business days to respond to the claim for possession, excluding weekends and legal holidays.

Another key Florida requirement: to defend on any ground other than payment, the tenant must deposit all alleged past-due rent into the court registry or file a motion to determine rent by the time its answer is due. Failure to do so leads to a waiver of most defenses and allows the court to enter an immediate judgment for possession. That rule is designed to protect landlords from tenants who try to stay in place for free while litigating.

For landlords, this means the initial complaint must correctly state rent due. Overstating the amount can give tenants leverage to contest the registry requirement and delay the case.

5.2 Common defenses and how courts view them

Tenants in commercial eviction cases often argue:

  • Defective notice
    • Wrong cure period, wrong delivery method, or no notice at all.
  • Waiver
    • Landlord accepted late rent for months without protest.
  • Improper charges
    • Dispute over CAM calculations, tax pass-throughs, or charges that are not true “rent” under the lease.
  • Constructive eviction or failure to maintain
    • Landlord allegedly failed to keep premises tenantable, so rent was withheld lawfully.

Florida law, for example, allows a tenant to withhold rent if the landlord fails to make repairs that leave the premises untenable, but only after the tenant gives written notice specifying the problem and waits at least 20 days. Courts look closely at whether the tenant followed that process and whether conditions were serious enough to justify non-payment.

Judges tend to be sympathetic to clear proof of serious repair failures or safety hazards, but they also expect tenants to comply with statutory steps and to pay into the court registry if they want to stay. That mix of sympathy and structure creates strong incentives for both sides to settle on realistic terms before trial.

Once the court decides in the landlord’s favor on possession, attention shifts from the courtroom back to the property.

6. Judgment, Writ of Possession, and Turnover

A judgment for possession typically states:

  • That the landlord is entitled to possession of the described premises.
  • That the lease is terminated as of a certain date.
  • That a writ of possession may issue to the sheriff.

The writ of possession directs the sheriff to put the landlord in possession after giving the tenant a brief final notice, often 24 hours. The writ must match the legal description in the complaint, so any drafting error earlier in the case can delay regaining control of the space.

One major trap for owners is “self-help.” Florida law gives landlords only three lawful methods to retake possession: court process, voluntary surrender, or true abandonment. Unilateral lock changes, utility shutoffs, or removal of doors can expose the landlord to damages, including statutory penalties in residential cases and civil claims in commercial settings. Property managers should coordinate closely with counsel and the sheriff’s office so that the turnover is orderly, documented, and compliant.

After possession is restored, many landlords find themselves staring at abandoned furniture, stock, or equipment and asking what they can do with it.

7. After the Lockout: Reletting, Mitigation, and Damage Claims

Post-eviction issues fall into three broad buckets.

Tenant property left behind

States often regulate how landlords must handle personal property left in the space. Florida, for example, requires commercial landlords to send notice describing the property, stating storage costs, and giving a deadline for the former tenant to claim it before sale or disposal, with slightly different rules based on value. Owners should avoid simply tossing items in a dumpster; a short delay to follow statutory notice procedures is far cheaper than litigating a conversion claim.

Re-letting and mitigation of damages

In many jurisdictions, including Florida, landlords who terminate a lease and sue for accelerated rent or future damages have a duty to mitigate by making a good-faith effort to re-let the premises at a fair market rate and crediting that income against the claim. That means:

  • Documenting marketing efforts and brokerage listings.
  • Keeping notes of showings, proposals, and reasons for rejecting offers.
  • Saving any correspondence showing that lower offers were out of line with market data, not simply disliked.

Courts are more comfortable awarding substantial damage claims when they see clear mitigation efforts and transparent accounting.

Measuring damages

Typical landlord claims after a commercial eviction include:

  • Unpaid base rent and CAM through the date of possession.
  • Late fees and interest as allowed by the lease.
  • Reasonable attorney’s fees and court costs where the lease or statute provides for them.
  • Accelerated rent for the remaining term, discounted to present value and reduced by future re-letting income.

In some cases, the eviction lawsuit focuses only on possession, with a separate damages case filed later once re-letting results are known. That sequencing can make sense for large spaces where future rent and mitigation will take time to quantify.

Over time, patterns in contested evictions tend to show where lease language or internal procedures could be improved for the next deal.

8. Designing Better Leases and Internal Playbooks

Commercial evictions are stressful, but they also act as stress tests for leases and management practices. Owners and their advisers can use those lessons to improve:

  • Default definitions

     Clear, specific descriptions of monetary and non-monetary defaults limit arguments over what triggers the landlord’s remedies.
  • Notice and cure mechanics

     Expressly allow notice by email if that matches how the parties actually communicate, while still using methods that create a delivery record. Florida law, for example, already recognizes email notice if the parties agree in writing and provide valid addresses.
  • Security and credit support

     Adequate security deposits, letters of credit, and personal or corporate guarantees give owners more realistic recovery options if eviction becomes necessary.
  • Inspection and access rights

     Thoughtful provisions on access, inspections, and operational standards help landlords spot problems early without overstepping privacy or quiet enjoyment rights. The balance here is informed by residential rules, where landlords in Florida have defined notice and time windows for entry, and similar concepts often appear in commercial leases as well.
  • Internal documentation habits

     Simple tools such as call logs, follow-up emails, and standardized default letters give landlords strong evidentiary support and reduce the risk of “he said, she said” disputes in court.

Paired with the right legal partners, a well drafted lease and a clear internal checklist let property owners respond to tenant defaults in a way that protects both income and the long-term value of the asset.

Note: This article is intended for general information for commercial property owners and managers and does not constitute legal advice. Always consult qualified counsel in your jurisdiction before acting on specific tenant disputes or evictions.