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Florida commercial lease disputes arise more often than most business owners expect — and they can threaten the survival of a business or investment property. A commercial lease dispute in Florida can involve unpaid rent, unauthorized alterations, early termination penalties, failure to maintain premises, or disagreements over renewal options. Unlike residential tenancies, commercial leases in Florida are largely governed by what the parties agreed to in writing, which means every clause carries serious weight in litigation.
Most Common Causes of Florida Commercial Lease Disputes
The disputes that reach litigation most often involve one of the following:
- Non-payment or partial payment of rent — landlords seeking eviction or damages, tenants claiming abatement rights
- Operating expense and CAM reconciliation disputes — disagreements over what costs can be passed through to tenants
- Early termination and lease buyouts — whether a tenant can exit and at what cost
- Failure to maintain or repair — landlord’s obligation vs. tenant’s obligation under the specific lease terms
- Subletting and assignment disputes — landlord withholding consent unreasonably or tenant subletting without approval
- Buildout and tenant improvement allowance disputes — who owns improvements and who pays for defects
Florida courts enforce commercial lease language strictly. Ambiguous provisions often become costly disputes. A Florida contract dispute attorney can evaluate which party has the stronger position before litigation begins.
Florida Commercial Landlord-Tenant Law: Key Differences from Residential
Florida’s residential landlord-tenant statute (Chapter 83, Part II) does not apply to commercial leases. Commercial leases in Florida are governed by Chapter 83, Part I — which provides far fewer tenant protections. This means:
- There is no requirement for a commercial landlord to return a security deposit within a specific timeframe unless the lease says so
- Three-day notices for non-payment are still required before eviction proceedings, but the cure periods and procedures differ
- Self-help eviction (changing locks, removing property) is generally prohibited but some lease provisions try to allow it — enforcement varies
What Happens When a Florida Commercial Lease Dispute Goes to Court?
Most commercial lease disputes in Florida are filed in circuit court when the damages exceed $30,000. The process typically includes:
| Stage | What Happens |
|---|---|
| Pre-suit demand | Attorney sends demand letter citing breach and demanding cure or payment |
| Filing and service | Complaint filed; defendant has 20 days to respond |
| Discovery | Both sides exchange documents, financial records, communications |
| Mediation | Florida courts often require mediation before trial in commercial disputes |
| Trial or settlement | Most cases resolve at or before mediation; contested cases proceed to trial |
Can You Get Attorney Fees in a Florida Commercial Lease Dispute?
Possibly — and this is one of the most important clauses in any commercial lease. Most well-drafted leases include a prevailing party attorney fee provision. Under Florida law, if a contract provides for attorney fees to one party, it is deemed mutually applicable. This means both landlord and tenant can recover fees if they win. The risk of a fee award often drives early settlement in Florida business disputes.
Frequently Asked Questions
| Question | Answer |
|---|---|
| Can a commercial landlord lock me out in Florida? | Generally no. Self-help eviction is prohibited in Florida without a court order, even if your lease purports to allow it. |
| How long does a Florida commercial lease eviction take? | Contested commercial evictions can take several months. Uncontested cases may resolve in 4–6 weeks after proper notice is served. |
| What if my commercial lease has no dispute resolution clause? | Florida courts default to standard civil litigation procedures. Mediation may still be required by the court before trial. |
Resolve Your Florida Commercial Lease Dispute Before It Costs You More
The longer a Florida commercial lease dispute goes unresolved, the more it costs both parties. Acting early — with experienced legal counsel — often results in faster resolution and lower total cost. Feinstein Law represents landlords and tenants in commercial lease disputes throughout Broward, Miami-Dade, and Palm Beach counties. Call (954) 452-4000 or visit our contact page.
About Feinstein Law: Feinstein Law is a Fort Lauderdale-based litigation firm handling business, real estate, and construction litigation for clients throughout South Florida.
