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FAQs
βœ… Eligibility for Commercial Eviction Without Damages (Florida)
You may file for commercial eviction (possession only) if:
  1. There is a commercial lease agreement in place (written or oral).
  2. The tenant has violated the lease, such as:
    • Nonpayment of rent
    • Holding over after lease expiration
    • Breach of lease terms (e.g., unauthorized use or subletting)
  3. You want to regain possession of the property only, without asking the court for unpaid rent or other damages.

πŸ“ Required Information to File:
πŸ”Ή Landlord & Tenant Details
  • Full names and business names of both landlord and tenant
  • Commercial property address and description (e.g., unit number, suite)
  • Start and end dates of lease
  • Monthly rent amount and due date
  • Date of last payment or breach of lease

πŸ”Ή Grounds for Eviction
  • Nonpayment of rent (if applicable)
  • Lease expiration or termination
  • Violation of lease terms (explain in complaint)
  • Attach copy of written lease (if available)

πŸ“„ Required Florida Court Forms
βœ… Pre-Filing Notice
  • 3-Day Notice to Pay Rent or Vacate (for nonpayment of rent)
  • 15-Day Notice to Terminate Tenancy (if month-to-month or non-renewal)
  • Notice of Default/Lease Violation (if lease requires written notice for breaches)
Proper service required: personal delivery, posting at premises, or certified mail (per lease and Florida law).

βœ… Court Filing Documents
  • Complaint for Eviction (Commercial, Possession Only)
  • Summons – Eviction (issued to each named business and individual tenant)
  • Non-Military Affidavit (for any named individual tenant)
  • Copy of Lease Agreement (if written)
  • Copy of Notice Served (e.g., 3-day or 15-day notice)
  • Proof of Service of Notice

πŸ’΅ Filing Fees
  • Filing fee for commercial eviction: ~$185 (varies slightly by county)
  • Summons issuance fee: ~$10 per defendant
  • Service of process: ~$40–$75 per defendant (sheriff or private process server)
  • Writ of Possession (if granted): ~$90
No damages = no small claims or money judgment process required

πŸ“… What Happens After Filing
  1. Court issues summons β†’ must be served on tenant (business & individual if both named)
  2. Tenant has 5 business days to file a response
  3. If no response, you may file:
    • Motion for Default Judgment for Possession
    • Proposed Final Judgment
    • Request Writ of Possession
  4. Sheriff will post 24-hour notice and return to enforce removal
  5. Change locks only after writ is served by sheriff

βš–οΈ Final Notes
  • Do not lock out or remove tenant’s property without a court-issued writ
  • If tenant vacates before court action, you may voluntarily dismiss the case
  • You may still file a separate lawsuit for unpaid rent or damages later, if needed
  • Ensure compliance with any notice and cure provisions in the lease
Β© FLFC 2025
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