Florida Commercial Eviction without damages - Florida Legal Form Corp

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Commercial Eviction for Possession Only
Quickly Reclaim Your Business Property
A Commercial Possession Only eviction is appropriate when a commercial tenant needs to be removed from a business property, but the landlord is not seeking back rent or other damages. Whether the lease has ended or the tenant has violated terms, this process helps business property owners regain possession quickly and efficiently. Florida law treats commercial evictions differently from residential ones, so it’s critical to use professionally prepared forms to avoid mistakes that can delay or derail your case.


$349 Pro Se

$1999 Attorney Represented
(this includes all court costs and filing fees)














Unpaid Rent
Lease Violation
Other


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FAQs
✅ 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.
📝 Required Information to File:
🔹 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
🔹 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)
📄 Required Florida Court Forms
✅ 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).
✅ 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
💵 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
📅 What Happens After Filing
  1. Court issues summons → 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
⚖️ 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
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