Required Notices Before Filing a Commercial Eviction in Florida
Unlike residential leases, commercial leases allow more contractual freedom. In Florida, a 3-day notice for nonpayment is standard only if required by the lease. If the lease specifies a different notice period, the contract controls.
Citations: § 83.20(2), Fla. Stat.
Before a commercial landlord in Florida can file an eviction lawsuit, strict attention must be paid to the notice requirements set forth in both state law and the parties’ lease agreement. Unlike residential tenancies, which are governed by more rigid, tenant-protective statutes, commercial leases offer greater contractual flexibility. This means that the terms negotiated in the lease frequently control the type and length of notice required before termination and eviction proceedings can begin.
Under Florida law, a three-day notice to pay or vacate is commonly associated with eviction for nonpayment of rent. However, in a commercial lease context, this three-day notice is not automatically required unless the lease itself calls for it. Section 83.20(2), Florida Statutes, provides that proper notice must be given before an action for possession is filed, but commercial parties are generally free to agree to a different notice period or even waive it entirely in the lease. § 83.20(2), Fla. Stat.
As a result, the lease agreement becomes the primary document governing the eviction timeline. Many commercial leases require a five-day, ten-day, or even fifteen-day notice period before a landlord may declare a default. Others contain “notice and cure” provisions, which allow the tenant a specific amount of time to remedy a default such as late payment, unauthorized alterations, or improper use of the premises. If the tenant cures the default within the contractual period, the landlord is typically prohibited from continuing with the eviction process. § 83.20(2), Fla. Stat.
The content of the notice is just as important as its timing. At a minimum, the notice should include:
The specific default or violation
The amount of rent due (if applicable)
The date by which the tenant must cure or vacate
A clear statement that eviction proceedings will follow if the tenant fails to comply
Any ambiguity in the notice can undermine the landlord’s case and give the tenant an opportunity to challenge the eviction on procedural grounds. Courts in Florida are known to strictly examine the accuracy of eviction notices, especially in commercial cases where financial damages are often substantial.
Another critical factor is proof of delivery. Notices should be served in a manner that can be verified, such as personal delivery, certified mail, or a contractually approved method outlined in the lease. A lack of documentation can weaken the landlord’s ability to demonstrate compliance with statutory and contractual requirements. § 83.20(2), Fla. Stat.
It is also worth noting that providing notice does not automatically terminate the lease. Instead, it is a formal opportunity for the tenant to comply with the lease terms. Only after the notice period has expired without cure may the landlord move forward with filing an eviction action in court.
For commercial landlords, the best practice is to treat the lease as the first point of reference and Florida law as the governing authority. Aligning these two sources through precise, well-documented notice procedures is essential to a successful and enforceable commercial eviction. § 83.20(2), Fla. Stat.