Finding the right location to operate a business is a fundamental element of running a successful company in Florida. While many companies own commercial properties, most of them operate based on premises rented solely for business purposes.
In this article, you will find out whether a commercial lease agreement requires notarization in Florida.
Does a Commercial Lease Agreement Need to Be Notarized in Florida? – The Verdict
Florida law governs the execution of commercial lease agreements. Failing to comply with these regulations may result in void contracts or legal liability for the responsible party.
Several legal documents often require notarization to determine the validity of the execution. Fortunately, Florida commercial lease agreements have no such requirement, as they do not necessarily need notarization.
Please note that if the parties involved in the lease decide to record the contract, it will automatically require notarization. All legal documents recorded in public records must be notarized in Florida, which explains this exception.
However, the notarization is not a requirement that determines the validity of a commercial lease agreement in Florida.
Florida Commercial Lease Agreement – Key Elements
One of the primary factors to ensure a well-drafted commercial lease agreement is the language used in the document. The landlord must expressly show the intent to convey the right to occupy and use the leased premises to the tenant.
This type of provision should not only be specified in the contract but also evidenced by the landlord’s actions. For example, the tenant must receive the keys or necessary access codes to the leased property once the contract is properly executed.
The provisions must also show the tenant’s intent to occupy the leased premises, which must be specifically written and demonstrated by the relevant party. A good example is the payment of an agreed-upon amount of rent on the due date.
There is no such thing as a solid contract without proper identification of the parties involved. Both the landlord and the tenant must be identified. Florida lease agreements must also include both parties’ addresses.
The document must specify the lease premises that the tenant will have the right to access, occupy, and use for business purposes. Depending on how the property is structured, these provisions might be crucial to avoid potential disputes.
As expected, the contract must also outline the specific amount to be paid by the tenant for the right to occupy the property. The term of the lease generally varies according to the terms agreed between the lessor and the lessee.
Most business lease contracts in Florida have terms superior to one year. If the contract does not provide a specific term, state law presumes the term to be the time determined by the frequency of payments made to the landlord.
For example, if the amount of rent for a commercial property lease is paid monthly and the lease instrument provides no specific term, the term can be renewed month by month as long as the tenant does not fail to pay the rent and meet the requirements established in the document.
Do You Want to Draft a Solid Commercial Lease Agreement in Florida? – Immediately Seek Expert Legal Guidance
With years of experience in US business and real estate law, Attorney Romy B. Jurado willingly wants to help you succeed. Contact us today by calling (305) 921-0976 or emailing [email protected] for an individual consultation.
