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Ask Aaron! Your Questions on Florida Business Law Answered

What If a Commercial Tenant Stops Paying Rent?

Posted by Aaron R. Resnick | Aug 08, 2026 | 0 Comments

The rent stopped, but the landlord still has a lease, a building, and a procedure to follow.

Short Answer

Start with the lease, payment ledger, notices, security deposit, and guaranty. Do not assume commercial property can be handled like a residential rental, and do not use lockouts, utility shutoffs, or property removal without reviewing the lease and Florida law. The landlord must decide what matters most: payment, possession, a negotiated surrender, replacement tenancy, or enforcement against a guarantor. A clear ledger and correct notice are basic. The broader strategy should also consider the tenant's defenses, remaining term, condition of the premises, and realistic collectability.

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When This Becomes Urgent

  • The tenant abandoned the space, removed property, or threatens to close.
  • Utilities, insurance, code compliance, security, or other tenants are affected.
  • A lender, receiver, guarantor, subtenant, or bankruptcy issue may change the remedy.

What Usually Goes Wrong

  • Changing locks or shutting off services without legal review.
  • Serving a notice with the wrong amount, period, party, or cure language.
  • Pursuing possession without a plan for the space, property left behind, and collection.

Why Miami Experience Matters

A Miami commercial lease may support a restaurant, office, retail store, warehouse, hotel use, or development plan with permits and valuable buildout. Local experience helps connect the eviction or collection strategy to the property, lender, building operations, and next tenant rather than treating unpaid rent as an isolated number.

What to Have Ready

  • The lease, amendments, guaranty, estoppel, and security documents.
  • A clean rent ledger showing charges, credits, and payments.
  • Default notices, tenant responses, and delivery proof.
  • Photos, inspection records, insurance, and information about property left inside.
  • The landlord's preferred result and replacement leasing plan.

What Typically Happens Next

Counsel confirms the default, notice and cure requirements, possession procedure, rent claims, guaranty, and defenses. The next step may be a statutory or contractual notice, negotiated payment plan, surrender agreement, eviction, damages claim, or guarantor demand. The remedy should support the owner's larger plan for the property.

Related Questions and Reading

Disclaimer

This is general information, not legal advice. Viewing this page or contacting the firm does not create an attorney client relationship. Deadlines can be short. If your matter is time sensitive, call the office at 305-672-7495.

About the Author

Aaron R. Resnick
Aaron R. Resnick

Aaron Resnick, a graduate of Leadership Miami, is a leader in the Miami's legal and cultural arts...

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