FAQs
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Eligibility for Commercial Eviction Without Damages (Florida)
You may file for commercial eviction (possession only) if:
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There is a commercial lease agreement in place (written or oral).
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The tenant has violated the lease, such as:
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Nonpayment of rent
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Holding over after lease expiration
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Breach of lease terms (e.g., unauthorized use or subletting)
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You want to regain possession of the property only, without asking the court for unpaid rent or other damages.
π Required Information to File:
πΉ Landlord & Tenant Details
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Full names and business names of both landlord and tenant
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Commercial property address and description (e.g., unit number, suite)
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Start and end dates of lease
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Monthly rent amount and due date
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Date of last payment or breach of lease
πΉ Grounds for Eviction
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Nonpayment of rent (if applicable)
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Lease expiration or termination
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Violation of lease terms (explain in complaint)
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Attach copy of written lease (if available)
π Required Florida Court Forms
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Pre-Filing Notice
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3-Day Notice to Pay Rent or Vacate (for nonpayment of rent)
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15-Day Notice to Terminate Tenancy (if month-to-month or non-renewal)
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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).
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Court Filing Documents
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Complaint for Eviction (Commercial, Possession Only)
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Summons β Eviction (issued to each named business and individual tenant)
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Non-Military Affidavit (for any named individual tenant)
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Copy of Lease Agreement (if written)
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Copy of Notice Served (e.g., 3-day or 15-day notice)
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Proof of Service of Notice
π΅ Filing Fees
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Filing fee for commercial eviction: ~$185 (varies slightly by county)
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Summons issuance fee: ~$10 per defendant
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Service of process: ~$40β$75 per defendant (sheriff or private process server)
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Writ of Possession (if granted): ~$90
No damages = no small claims or money judgment process required
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What Happens After Filing
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Court issues summons β must be served on tenant (business & individual if both named)
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Tenant has 5 business days to file a response
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If no response, you may file:
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Motion for Default Judgment for Possession
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Proposed Final Judgment
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Request Writ of Possession
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Sheriff will post 24-hour notice and return to enforce removal
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Change locks only after writ is served by sheriff
βοΈ Final Notes
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Do not lock out or remove tenantβs property without a court-issued writ
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If tenant vacates before court action, you may voluntarily dismiss the case
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You may still file a separate lawsuit for unpaid rent or damages later, if needed
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Ensure compliance with any notice and cure provisions in the lease