In short: Commercial lease disputes in Florida turn on a few statutes and a lot of contract language. A landlord can retake nonresidential space only through a court action, the tenant’s surrender or abandonment. A tenant who stays after the lease ends can be charged double rent. And the exact verbs in a lease, like “cancel” or “terminate,” can decide the case.
No self-help lockouts
Section 83.05(2) says a landlord of nonresidential property may recover possession only through an action for possession under § 83.20 or another civil action deciding the right to possession, after the tenant surrenders, or after the tenant abandons. Changing the locks is not on that list.
Abandonment is presumed only when the landlord reasonably believes the tenant has been gone 30 consecutive days, rent is past due, and a § 83.20(2) notice was served at least 10 days earlier. The presumption does not apply if rent is current or the tenant gave written notice of an intended absence (§ 83.05(3)).
Rhodes Tucker Phoenix Chartered v. 2407 Periwinkle Sanibel (6th DCA, No. 6D2023-2683, Jan. 21, 2025) came from Lee County. According to the video, a law firm was locked out of its Sanibel office during COVID without notice or legal process, and the appeal turned on whether the firm had standing to enforce the lease. The Sixth DCA affirmed without opinion.
Holdover tenants and double rent
Under § 83.06(1), if a tenant refuses to give up possession at the end of the lease, the landlord may demand double the monthly rent, recoverable monthly or prorated. Rent owed under a lease also accrues interest from its due date (§ 83.06(2)).
Holdover disputes often arise when a renewal is being negotiated and the parties never agree on the new rent. Put renewal terms and holdover rent in the lease itself.
The words in the lease
Temple v. McCoig (5th DCA, No. 5D19-3416, Dec. 22, 2020) came from Brevard County. According to the video, the dispute turned on whether the lease let a party “cancel” or “terminate,” and what each word meant for remaining obligations. The Fifth DCA affirmed without opinion.
NCWPCS MPL 19-Year Sites Tower Holdings v. Keene (2d DCA, No. 2D22-4094, March 20, 2024) involved a cell-tower site lease. According to the video, the tower companies claimed an extension through 2037 that the landowners disputed. The landowners won below, and the Second DCA affirmed without opinion.
All three are PCAs, so they set no precedent, and the facts above come from the video descriptions. The statutes are the rules that apply.
Lessons
- Landlords: never change the locks on a commercial tenant without a court order, surrender or a clear abandonment.
- Tenants: if you are locked out, act fast, document everything and confirm who the tenant of record is. Standing can be an issue if the lease is in another entity’s name.
- Put renewal rent and holdover rent in the lease to avoid § 83.06 fights.
- Ground leases for cell towers and other long-term uses need precise extension and assignment terms.
Source: Fla. Stat. § 83.05, Right of landlord to recover possession (nonresidential)
Watch the Oral Arguments
Recordings of three oral arguments. All three decisions are PCAs, so the arguments are context, not the courts’ reasoning.
Locked Out of Your Own Office? Commercial Lease Standing Battle | Rhodes Tucker v. 2407 Periwinkle Sanibel, 6D2023-2683
Cancel vs. Terminate: One Word in a Lease Can Cost You Everything | Temple v. McCoig, 5D19-3416
Cell Tower Lease Extended to 2037 Without Landlord Permission? | NCWPCS v. Keene, 2D22-4094
Go Deeper
- Tenant Left Early, Landlord Held Out for Higher Rent: Mitigation Under § 83.595 (Lieber v. Miller)
- Five Days, Not Fifteen: The Eviction Rehearing Trap (Fisher v. Housing Authority of Key West)
- Splitting Rent Between the Bank and the Condo: No Fee Deduction (Ocean Bank v. 107 Avenue)
Frequently Asked Questions
Can a Florida commercial landlord change the locks?
Section 83.05(2) allows recovery of possession only by court action, surrender or abandonment. Self-help is not one of the listed methods.
What happens if a commercial tenant holds over in Florida?
Under § 83.06, the landlord may demand double the monthly rent while the tenant refuses to leave.
When is a commercial tenant presumed to have abandoned?
When the landlord reasonably believes the tenant has been absent 30 consecutive days, rent is past due, and a § 83.20(2) notice was served 10 days earlier.
What is the difference between cancel and terminate in a lease?
It depends on how the lease defines them, which can change what obligations survive. Courts read the exact language.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate, landlord-tenant, condominium and property disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Statutes and court rules are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
