Notice Requirements for Commercial Evictions in Florida

By: Craig Goddy, Esquire

In our last blog post, we discussed the pre-eviction process, the importance of understanding your lease agreement and tenant work-outs. If all of those steps have failed, however, it might be time to begin the eviction process.

The eviction process begins by giving the tenant “formal notice” that they are being evicted. Understanding the notice requirements for commercial evictions in Florida is crucial for landlords seeking to remove tenants while remaining compliant with state law. Improper notice can lead to delays, legal disputes and even dismissal of eviction cases.

Types of Notices for Commercial Evictions

Section 83.20 of the Florida Statutes outlines different notice periods depending on the reason for eviction. It is important to note that there is a substantial difference with respect to monetary defaults versus non-monetary defaults. In short, it is much easier removing a tenant for not paying the rent than it is for violating a specific lease provision.

A monetary default is handled under an expedited process codified in Florida Statutes Chapter 51.011. Once served, the tenant has five (5) days to pay the back rent to the Court Registry in order to raise defenses to the eviction. If the tenant does not, they can default and be removed from the property.

The summary procedure, however, only applies to the possession claim and not to damages from unpaid rent or other related causes of action such as breach of the lease agreement. This is done to determine possession speedily and without needing to determine all other issues between the parties. See Camena Invs. & Prop. Mgmt. Corp. v. Cross, 791 So. 2d 595 (Fla. 3d DCA 2001).

In a non-monetary default action for breach of lease, the tenant will be afforded the standard twenty (20) days period to raise defenses to the breach claim and the case will be handled like any standard county or circuit court case.

• Three-Day Notice for Non-Payment of Rent. If a commercial tenant fails to pay rent on time, the landlord must issue a three-day notice demanding payment or possession of the premises. The notice should clearly state the total amount due, the deadline for payment (excluding weekends and legal holidays), and that failure to comply will result in eviction proceedings.
• Fifteen-Day Notice for Lease Violations. For lease breaches other than non-payment of rent, such as property misuse or unauthorized alterations, a fifteen-day notice must be issued. This notice provides the tenant with an opportunity to correct the violation or vacate before legal action is taken.
• Holdover Tenant Notice. If a tenant remains on the property after the lease expires and is still operating on a month-to-month basis per the terms of the lease, a fifteen-day notice is required before the landlord can take legal action to recover possession of the premises.

Please note:  the above applies only to commercial evictions. There may be different notice requirements for residential properties based upon whether there is a lease agreement and the terms of the occupancy.

Proper Delivery of Eviction Notices

Notices must be delivered using legally valid methods to ensure they are enforceable. This includes hand delivery to the tenant or a responsible person at the premises, posting at a visible location if the tenant is absent, or sending via certified mail for documented proof of delivery.

A good rule to follow is to hire a process server to post the notice on the premises. This avoids any issues with lack of notice as the process server will prepare an affidavit of service as to the notice that will provide evidence of when and how the notice was posted. Posting is not required and notice may also be served on a tenant by regular or certified mail. If the notice is mailed, the landlord must also provide an additional five (5) days for mailing or three (3) days from receipt of the certified mail.

Common Pitfalls in Serving Notices

Mistakes in serving notices can invalidate an eviction attempt. Common issues include:

• using an incorrect notice period;
• failing to document delivery; and
• drafting notices with vague or unclear wording that does not meet statutory requirements.

Most county clerk’s offices (and the Florida Bar) provide notices that meet the statutory requirements so there is no need invent a notice. However, there may be different requirements for commercial notices due to provisions in the lease agreement so you should consult with an attorney. Your lease agreement may also require notice be given to the lease guarantors or a copy mailed to a specified address contained in the lease. So read your lease agreement before giving any notice to the tenant!

Bottom Line

The first step in any eviction process is to give the tenant notice. Failure to follow the required notice provisions of Florida law may result in the landlord having to start the eviction process from scratch. Thus, carefully following Florida’s commercial eviction notice requirements is essential for ensuring a smooth eviction process. Landlords should verify that notices are accurate, properly delivered, and in full compliance with state law to avoid unnecessary legal complications.

For assistance with commercial evictions, please contact me at craig.goddy@henlaw.com to schedule a consultation. Stay tuned for next month’s blog post on filing a commercial eviction complaint in Florida.