FAQs
- โ Eligibility for Commercial Eviction With Damages (Florida)You may file for commercial eviction with a damages claim if:-  There is a valid commercial lease agreement (written or oral).
-  The tenant has breached the lease, such as by:-  Nonpayment of rent
-  Unauthorized use
-  Holding over after lease expiration
 
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-  You are seeking to regain possession of the property and collect unpaid rent or other damages.
 
 ๐ Required Information to File:๐น 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)
 ๐น 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
 
 ๐ 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.
 ๐ Court Filing Documentsโ 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)
 
 ๐ต 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.
 ๐ After Filing โ What to Expect-  Court issues two types of summons:-  Eviction (tenant has 5 business days to respond)
-  Damages (tenant has 20 calendar days to respond)
 
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-  If tenant does not respond:-  File Motion for Default Judgment for possession and damages
-  Request Final Judgment and Writ of Possession
 
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-  If tenant does respond:-  Case may go to hearing or mediation
-  Bring evidence of lease, unpaid rent, and damages
 
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-  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
 
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 ๐ฆ 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
-  Attorneyโs fees and court costs (if allowed by lease)
-  Security deposit offset (if applicable)
 
 โ๏ธ Final Reminders-  Never change locks or remove property without a sheriffโs 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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