How to Legally Serve Notice for a Commercial Eviction in Florida: A Landlord’s Guide

In Florida, if a commercial tenant fails to pay rent, a landlord must provide them with a minimum of three days' notice before initiating the commercial eviction process. This article outlines the steps required to deliver proper notice and initiate a commercial eviction for non-payment of rent and other lease violations.

Three-Day Notice for Non-Payment of Rent

Under Florida law, landlords must first serve a three-day notice demanding either the payment of rent or the return of the premises. This notice period begins on the date of delivery, and the tenant has three days to comply. If they fail to pay the outstanding rent or vacate the property within this timeframe, the landlord may proceed with the eviction process.

To help landlords, the Florida Bar provides sample forms for use in this process. Form 1 is available for this purpose and can be accessed on the Florida Bar's website. You can find it here: Landlord Tenant Forms – The Florida Bar. Note that for commercial tenants, Florida Statutes are silent on whether weekends and legal holidays are excluded from the three-day notice, therefore, consider using Form 1 for only for guidance.

Fifteen-Day Notice for Other Lease Defaults

If the tenant is in default of any other lease obligation besides rent, Florida law stipulates that they must receive a 15-day notice to cure the breach or vacate the premises, provided the lease does not specify a different timeframe. If the lease is silent on this issue or is oral, landlords should give the tenant at least 15 days’ written notice, allowing them the opportunity to resolve the issue or leave the property.

How to Serve Notice

The notice must be served by delivering a true copy to the tenant. If the tenant is not present on the premises, the notice may be left at the property. It is crucial to review the lease agreement for any specific terms related to the notice procedure, as the lease may require notice to be served in a particular manner.

Need Assistance with a Commercial Eviction?

Our firm can guide you through the eviction process, ensuring compliance with all legal requirements, and helping recover what you're owed. If you need assistance, feel free to book a complimentary consultation with us to discuss your situation by clicking here.

Note: The forms provided by the Florida Bar, while approved by the Florida Supreme Court, may not always be legally compliant due to changes in law. It is advisable to consult with a legal professional to ensure the forms and procedures align with current regulations.