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  • โœ… Eligibility for Commercial Eviction With Damages (Florida)
    You may file for commercial eviction with a damages claim if:
    1. There is a valid commercial lease agreement (written or oral).
    2. The tenant has breached the lease, such as by:
      • Nonpayment of rent
      • Unauthorized use
      • Holding over after lease expiration
    3. You are seeking to regain possession of the property and collect unpaid rent or other damages.

    ๐Ÿ“ Required Information to File:
    ๐Ÿ”น Landlord & Tenant Information
    • Legal names of landlord and business tenant (include entity name & authorized agent)
    • Commercial property address (unit, suite, building number)
    • Lease start and end dates
    • Monthly rent amount and frequency
    • Security deposit (if any)
    ๐Ÿ”น Details of Breach and Damages
    • Date rent stopped being paid
    • Total amount of rent owed
    • Description of any lease violations
    • Late fees, penalties, or property damage
    • Attach invoices or estimates supporting claimed amounts

    ๐Ÿ“„ Required Legal Notices (Before Filing)
    • 3-Day Notice to Pay Rent or Vacate (if rent is unpaid)
    • 15-Day Notice to Terminate Tenancy (if lease is month-to-month or near expiration)
    • Lease Violation Notice (if required under lease)
    Must be properly served: personal delivery, posting, or certified mail, depending on lease terms.

    ๐Ÿ“„ Court Filing Documents
    โœ… Eviction + Damages Filing Package:
    • Complaint for Commercial Eviction and Damages
    • Summons โ€“ Eviction (for possession)
    • Summons โ€“ Damages (for monetary claims)
    • Non-Military Affidavit (for any individuals personally liable)
    • Copy of the Commercial Lease Agreement
    • Copy of Legal Notices Served to Tenant
    • Proof of Service of Notices
    • Itemized list of damages (e.g., unpaid rent, repairs)

    ๐Ÿ’ต Fees and Costs
    • Filing fee: ~$165-420 (based on total amount of damages)
    • Summons issuance fee: ~$10 per defendant, per summons
    • Service of process: ~$75-150 per party served
    • Writ of Possession (after judgment): ~$90
    • Certified copy fees (optional): ~$10 each
    Fee waivers generally not available for commercial cases.

    ๐Ÿ“… After Filing โ€“ What to Expect
    1. Court issues two types of summons:
      • Eviction (tenant has 5 business days to respond)
      • Damages (tenant has 20 calendar days to respond)
    2. If tenant does not respond:
      • File Motion for Default Judgment for possession and damages
      • Request Final Judgment and Writ of Possession
    3. If tenant does respond:
      • Case may go to hearing or mediation
      • Bring evidence of lease, unpaid rent, and damages
    4. Once judgment is granted:
      • Sheriff serves 24-hour Writ of Possession notice
      • Tenant will be removed after 1 business day
      • If damages are awarded, you may pursue collections

    ๐Ÿ“ฆ Types of Damages You May Claim
    • Unpaid rent and late fees
    • Remaining lease balance (if lease has not expired)
    • Property damage beyond normal wear and tear
    • Attorneyโ€™s fees and court costs (if allowed by lease)
    • Security deposit offset (if applicable)

    โš–๏ธ Final Reminders
    • Never change locks or remove property without a sheriffโ€™s writ
    • Check lease for default and notice provisions
    • If tenant leaves before court hearing, you may still pursue a money judgment
    • A separate small claims or circuit court case is not required when filing for eviction + damages together
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ยฉ FLFC 2025
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