What Are a Florida Commercial Landlord’s Options When a Tenant Breaks the Lease?

A tenant stops paying rent. Or maybe they closed up shop and walked away from the space entirely, leaving the landlord holding an empty storefront and a stack of unpaid invoices. What can a commercial property owner actually do about it under Florida law?

Unlike residential leases, commercial leases in Florida offer landlords considerably more contractual freedom, but the process for enforcing a default still runs through specific statutory steps.

The Statutory Path to Removing a Defaulting Tenant

Florida Statute 83.20 allows a landlord to remove a tenant who holds over after defaulting on rent, but only after serving three days’ written notice demanding payment or possession. Self-help remedies, like changing the locks or shutting off utilities, are not an option. The landlord must file an eviction action in court, and if the tenant disputes the amount owed, the court can require the disputed rent to be deposited into the court registry while the case proceeds. Skipping this process, even when a default seems obvious, can expose a landlord to liability rather than solving the problem.

Three Ways to Pursue Damages After Default

Once a default has been established, Florida landlords generally have several strategic paths available, and the lease language often dictates which one applies:

• Terminate the lease and retake the space, ending the tenant’s obligation for future rent but preserving a claim for past-due amounts.
• Retake possession without terminating the lease and re-let the unit as the tenant’s agent, holding the original tenant responsible for any shortfall in rent.
• Take no action to re-let and instead sue for each rent installment as it becomes due, an approach that can work but often demands patience.

Many commercial leases also include an acceleration clause, allowing the landlord to demand the full remaining balance of the lease immediately after a default rather than waiting month by month. Whether that clause holds up often comes down to how it was drafted.

Protecting Rent Through a Landlord’s Lien

Florida law gives commercial landlords another tool that residential landlords do not have. Florida Statute 83.08 creates a statutory lien on a tenant’s personal property located at the premises, including equipment, furniture, and inventory, to secure unpaid rent. That lien can be enforced through a distress for rent proceeding. It is a powerful remedy, but it comes with procedural requirements that, if ignored, can undo the entire effort.

Every lease is different, and a default that looks straightforward can still involve waiver arguments, notice defects, or a tenant claiming the landlord breached first. Accepting rent after a known default, for instance, can sometimes waive the right to evict over that particular breach, which is why a clear enforcement strategy is worth having before a problem ever arises.

Reach Out to Us Today

Recovering possession of a property and collecting what is owed after a tenant default requires more than a strongly worded letter. We help commercial landlords across Palm Beach, Broward, and Dade counties navigate eviction filings, damages claims, and lien enforcement so they can move forward without absorbing losses they should not have to bear. For guidance on your lease dispute, reach out to our West Palm Beach landlord-tenant attorneys. Contact Pike & Lustig, LLP today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2025/83.20