Florida Eviction Legal Forms Eviction Commercial Eviction with damages - Florida Legal Form Corp

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.

• 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)

• 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

• 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.

• Complaint for Commercial Eviction and Damages
• Summons – Eviction (for possession)
• Summons – 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)

• 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.

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

• Unpaid rent and late fees
• Remaining lease balance (if lease has not expired)
• Property damage beyond normal wear and tear
• Attorney’s fees and court costs (if allowed by lease)
• Security deposit offset (if applicable)

• Never change locks or remove property without a sheriff’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