One key difference between residential leases and commercial leases is the complexity of the document’s terms, especially as business leases tend to have legal nuances that are not applied to residential contracts.
In this article, you will discover whether a landlord can end a commercial lease in Florida.
Can My Landlord End My Commercial Lease in Florida? – The Basics
Under Florida law, a commercial lease agreement can be legally voided or prematurely terminated if one of the parties involved in the business relationship fails to meet a condition previously agreed upon expressed in the contract.
Another reason that justifies the termination of a commercial lease is the failure of any of the parties to comply with the applicable laws in Florida.
When either the landlord (lessor) or tenant (lessee) fails to perform an obligation set forth by a commercial lease contract, the result is a breach of contract. The most common example of a breach of contract is the lessee’s failure to pay the rent.
In such cases, the lessor generally has the right to terminate the agreement after providing written notice and giving the tenant a reasonable chance to fulfill the pending obligation.
Can My Landlord End My Commercial Lease in Florida? – Attention to Detail
While a breach of contract may provide sufficient grounds to a landlord seeking to terminate a commercial lease in Florida, there is an important caveat in this situation.
If a breach of contract does not result in sufficient harm or damage to the landlord’s interests, termination may not be legally justified.
Depending on the tenant’s failure and the circumstances involved in the case, the landlord’s decision to end the commercial lease may not be warranted in court. The landlord must prove that the tenant materially breached the lease contract, which resulted in a material prejudice against the injured party.
Additionally, the court responsible for judging the case must determine whether the property’s forfeiture would result in an unfair, inequitable, or unconscionable eviction from the leased premises.
Commercial Lease Agreement Florida – Why You Need Legal Advice to Review It
Ultimately, the landlord’s right to terminate a commercial lease or evict a business in Florida depends on the terms and conditions outlined in the commercial lease agreement signed by both interested parties.
If a tenant fails to review the language in a commercial lease contract before signing the document, it will likely result in a landlord-friendly agreement that may eventually create unexpected hassles.
While blindly signing a commercial lease agreement is never a good idea, Florida law imposes certain conditions that do not necessarily need to be outlined in a written contract. For example, Florida law guarantees the tenant’s right to quiet and peaceable possession and enjoyment of property.
If the landlord of a commercial property does not meet this basic statutory requirement, the tenant may have the right to terminate the lease earlier regardless of the language expressed in the contract.
Each commercial lease is unique. Hence, the assistance of a well-versed contract attorney in Florida cannot be taken for granted.
Termination of Commercial Lease Florida – Immediately Seek Expert Legal Guidance
An experienced legal advisor in Florida contract and business law, Attorney Romy B. Jurado willingly wants to help protect your interests. Contact us today by calling (305) 921-0976 or emailing [email protected] for an individual consultation.
