FL

Florida Commercial Lease Laws

By Angel Campa, Founder · Updated March 2026

Florida maintains a highly landlord-friendly and fast-paced commercial real estate ecosystem. Commercial tenancies are strictly governed by Part I of Chapter 83 of the Florida Statutes, which provides a straightforward, efficient framework for landlords managing tenant defaults. Unlike states that blend residential and commercial protections or rely heavily on municipal overlays, Florida law explicitly separates the two property types, offering virtually zero consumer-style protections to commercial lessees.

The state emphasizes the primacy of the negotiated lease agreement above all else. Where the lease is silent, statutory defaults apply, which include rapid 3-day notice periods for eviction filings. Florida is also unique in imposing a state sales tax directly on commercial rent payments (though the rate has been subject to recent incremental legislative reductions), creating an additional layer of financial abstraction, liability, and compliance for both property managers and tenants.

Key Facts

Regulatory Stance
Landlord-Friendly
Self-Help Evictions
Illegal. Judicial process required.
Commercial Rent Sales Tax
Yes. Florida charges state sales tax (plus county surtax) on commercial rent.
Abandonment
Legally presumed if the tenant is absent 30 days, rent is unpaid, and 10 days pass after notice.
Lien for Rent
Landlords possess a statutory lien on all tenant property located on the premises for past due rent.

Key Statutes

Florida Statutes Chapter 83, Part I

Governs commercial tenancies, covering landlord remedies, default procedures, and the rapid eviction process for commercial properties.

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Florida Statutes Section 83.20

Establishes the criteria and the rapid 3-day notice period for executing commercial evictions due to non-payment of rent.

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Notice Periods

TypePeriodDetails
Rent Default (Eviction)3 daysA 3-day notice is the statutory default before a landlord can file for eviction due to non-payment of rent.
Non-Rent Lease Violation15 daysA 15-day notice is required for curable lease violations other than non-payment of rent.
Month-to-Month Termination15 days15 days of notice prior to the end of the monthly period is required to terminate.
Year-to-Year Termination3 months3 months of notice prior to the end of the annual period is required to terminate.

CAM & Operating Expense Audit Rights

No statutory commercial audit rights; strictly governed by the lease contract.

Florida statutes do not grant commercial tenants any right to audit CAM or operating expenses. If an explicit audit clause is not actively negotiated and incorporated into the physical lease document, the tenant relies solely on Florida common law principles, which generally require initiating costly litigation to demand financial discovery from the landlord.

Frequently Asked Questions

How fast can a commercial landlord begin eviction proceedings in Florida?
Very fast. Under Florida Statutes Section 83.20, a landlord only needs to serve a 3-day written notice demanding rent before filing for eviction. This is one of the shortest timelines in the country.
Are there rules for holding commercial security deposits in FL?
No. While residential deposits have strict banking and notice requirements, commercial security deposits are entirely governed by the lease terms. Landlords may legally commingle funds unless the lease explicitly prohibits it.
Do I have to pay sales tax on my commercial lease in Florida?
Yes. Florida is the only state in the U.S. that charges state sales tax (plus local county discretionary sales surtax) directly on the total rent paid under a commercial lease.
What is the penalty for holding over in Florida?
If the lease does not specify a distinct rate, Florida statute allows the landlord to demand double the monthly rent for any period the tenant refuses to vacate after lease expiration.

Key Fields for Florida Leases

Common Red Flags

Disclaimer: This page provides general information about commercial landlord-tenant law in Florida. It is not legal advice. Laws change frequently and local ordinances may impose additional requirements. Consult a licensed attorney in Florida for guidance specific to your situation.

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