What Are Commercial Landlord Responsibilities in Florida?

Commercial landlord responsibilities in Florida come almost entirely from the lease, not from statute. Chapter 83, Part I of the Florida Statutes governs nonresidential tenancies, but it is thin by design: it sets defaults for eviction notice and a handful of basics, then leaves the rest to the written agreement.1The Florida Legislature. Florida Statutes Chapter 83 Part I – Nonresidential Tenancies Florida courts treat commercial leases as arm’s-length deals between capable businesses, so the contract decides who pays for what. A short list of duties sits above that contract and cannot be bargained away: safety-code compliance, a radon disclosure, honoring the tenant’s quiet enjoyment of the space, and following the statutory process to recover possession.

Why the Lease Decides Almost Everything

Florida does not extend a warranty of habitability to commercial tenancies. The maintenance obligations that residential landlords owe under Part II of Chapter 83 have no counterpart in Part I.2The Florida Legislature. Florida Statutes Chapter 83 – Landlord and Tenant If the lease does not say who fixes the HVAC, patches the parking lot, or replaces the roof, the parties are left arguing common-law principles rather than pointing to a code section.

Where the lease is silent, Florida courts generally treat the building’s structural envelope — foundation, exterior walls, and roof — as the landlord’s responsibility. The same default usually covers shared facilities: parking lots, elevators, stairwells, and public hallways. HVAC is a frequent fight. If a rooftop unit serves the whole building, the landlord typically owns major repairs and replacement. If a unit serves only one tenant’s space, routine service often falls to the tenant while full replacement stays with the landlord, unless a triple-net lease pushes replacement across the line too. A detailed maintenance exhibit that assigns routine service, major repair, and full replacement separately for every building component is the cleanest way to avoid litigation later.

Safety Duties the Lease Cannot Shift

Some obligations stay with the landlord no matter what the lease says.

The Florida Building Code, adopted by the Florida Building Commission, governs the design, construction, and repair of commercial buildings statewide, with enforcement through local agencies.3Florida Senate. Florida Code 553.73 – Florida Building Code The Florida Fire Prevention Code, updated every three years by the State Fire Marshal and enforced by local fire officials, sets separate rules for alarms, sprinklers, emergency lighting, and exits.4Florida’s State Fire Marshal. Florida Fire Prevention Code A clause assigning “all maintenance” to the tenant does not relieve the landlord when an inspector flags a code violation.

The Americans with Disabilities Act adds a federal layer. Title III requires public accommodations and commercial facilities to meet ADA accessibility standards for parking, doors, restrooms, and more.5ADA.gov. Public Accommodations and Commercial Facilities (Title III) For existing buildings, the test for removing architectural barriers is whether doing so is “readily achievable” — accomplishable without much difficulty or expense.6ADA.gov. ADA Standards for Accessible Design A lease can allocate ADA compliance costs between the landlord and tenant, but it cannot shield either one from a lawsuit brought by a member of the public who was denied access.

At the start of any tenancy, the landlord should also confirm that the property’s zoning permits the tenant’s intended use. Delivering a space that cannot legally operate for its stated purpose exposes the landlord to claims for lease rescission and damages.

Asbestos During Renovation

Any renovation or demolition work pulls in federal asbestos rules under the National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, Subpart M. A thorough inspection for asbestos-containing materials is required before disturbing any building component in a commercial structure; the four-or-fewer-unit residential exemption does not apply.7US EPA. Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) If asbestos is found, the landlord must follow strict handling and removal protocols. Skipping the survey can trigger EPA enforcement and substantial liability.

The Radon Disclosure Is Mandatory

Florida requires a written radon gas notification on at least one document signed at or before the execution of any rental agreement, and commercial leases are included. The statute spells out the exact warning language: radon is a naturally occurring radioactive gas that can accumulate to harmful levels, and testing is available through the county health department.8Florida Senate. Florida Code 404.056 – Environmental Radiation Standards and Projects The only exemption is for short-term residential transient occupancies of 45 days or less. Leaving the notice out costs nothing to add and invites administrative penalties or challenges to the lease.

Federal lead-based paint disclosure does not apply to commercial space. The requirement under 42 U.S.C. § 4852d covers “target housing” — residential dwellings built before 1978 — and a commercial landlord leasing office, retail, or warehouse space has no federal lead-paint disclosure obligation, even in older buildings.9Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property

Security Deposits Are Governed by the Lease

Section 83.49, Florida’s detailed security deposit statute with interest-bearing accounts, 30-day notice, and strict return timelines, sits in Part II and applies only to residential tenancies.10The Florida Legislature. Florida Code 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant Commercial landlords are not bound by any of it. Where the deposit is held, whether it earns interest, who keeps the interest, and when it must be returned are all lease questions.

That freedom cuts both ways. A commercial landlord still owes a common-law duty of good faith. Withholding a deposit without legitimate cause or documentation risks a bad-faith claim, and a judge can award the tenant legal fees and costs on top of the deposit. The cleanest approach is a lease that specifies what counts as a valid deduction, how damages will be documented, and when the tenant can expect an itemized accounting.

Quiet Enjoyment and Constructive Eviction

Every commercial lease in Florida carries an implied covenant of quiet enjoyment. The landlord cannot interfere with the tenant’s ability to use the space for its intended business purpose, whether or not the lease mentions the covenant. Blocking access, cutting off utilities as leverage during a dispute, or changing locks without a court order all violate it. Outside genuine emergencies, the landlord should give reasonable advance notice before entering for inspections or repairs.

When the landlord’s action or inaction makes the space truly unusable, the tenant may have a constructive eviction claim. Florida requires three elements: a landlord breach that substantially interferes with the tenant’s use of the property; notice to the landlord with a reasonable opportunity to fix the problem; and the tenant actually vacating within a reasonable time. The third element is where most claims fail. A tenant who keeps occupying the space while complaining about conditions will struggle to argue it was unusable.

Recovering Possession Requires the Statutory Process

A commercial landlord cannot change the locks or move a tenant’s belongings to the curb. Possession is recovered only through a court action under Section 83.20, a voluntary surrender by the tenant, or abandonment.11The Florida Legislature. Florida Code 83.05 – Right of Possession Upon Default in Rent Abandonment is presumed when the landlord reasonably believes the tenant has been absent for 30 consecutive days, rent is unpaid, and 10 days have passed since a three-day notice was served.

The notice depends on the type of default:

Notice can be hand-delivered, posted in a visible location, or mailed. If sent by mail, add five days to the notice period. A professional process server generates an affidavit of service that is useful if the tenant later claims they never received notice. The prevailing party in an eviction action is entitled to recover court costs.14The Florida Legislature. Florida Statutes Chapter 83 – Landlord and Tenant – Section 83.251

Florida also gives commercial landlords a statutory lien for unpaid rent on the tenant’s personal property kept at the premises, with priority over liens arising after the property was brought onto the premises.15The Florida Legislature. Florida Code 83.08 – Landlord’s Lien for Rent The lien exists automatically, but enforcement requires a distress warrant through the court. Self-help seizure of the tenant’s equipment or inventory is not allowed.

Property Left Behind After the Tenancy Ends

When a tenant leaves property on the premises after an eviction, expiration, or voluntary departure, Florida’s Disposition of Personal Property Landlord and Tenant Act in Chapter 715 controls what happens next. The landlord must send written notice to the former tenant, and to anyone else reasonably believed to own the property, describing the items, stating where they can be claimed, and giving a deadline. The deadline must be at least 10 days after personal delivery of the notice, or 15 days after mailing by first-class mail, and the notice must state that reasonable storage costs may be charged.16The Florida Legislature. Florida Code 715.104 – Notification of Former Tenant of Personal Property Remaining on Premises

If no one claims the property by the deadline, the landlord can sell or dispose of it under the Chapter 715 procedures. A landlord who follows the steps is shielded from liability for the disposed property.17The Florida Legislature. Florida Statutes Chapter 715 – Property: General Provisions A landlord who skips the notice and goes straight to the dumpster is exposed to a conversion claim from the former tenant.

The Commercial Rent Sales Tax Is Repealed

Florida was for decades the only state in the country that taxed commercial rent. The rate had been reduced from as high as 6 percent in 2017 to 2 percent, and HB 7031 fully repealed Section 212.031 effective October 1, 2025, eliminating both the state sales tax and any discretionary surtax on commercial lease payments.18Florida Department of Revenue. Sales Tax on Commercial Rentals Repealed Effective October 1, 2025 No state sales tax applies to rental periods beginning on or after that date.

Leases signed before the repeal that require the tenant to reimburse the landlord for sales tax on rent no longer generate that obligation, because the tax no longer exists. A landlord who continues collecting it from tenants after October 1, 2025 has no legal basis for doing so. Both parties should review existing leases for outdated sales-tax pass-through language and adjust their billing.