In Florida, the rules for residential leases are not as complex as those applied to commercial leases. Hence, state law has separate procedures for these contracts, which require additional attention from both parties signing a commercial lease agreement.
In this article, you will find out how to deal with a difficult commercial landlord in Florida.
Does Florida Law Protect Tenants’ Rights in a Commercial Lease?
When compared to residential leases, commercial property leases tend to be more complex. State law has abundant protections for residential tenants, which leads landlords to follow a specific set of rules.
Unfortunately, the same level of protection is not applied to commercial leases. At the end of the day, the rights of a commercial tenant broadly vary depending on the provisions outlined in the business lease agreement.
If the tenant agrees to the terms and conditions expressed in a commercial lease agreement, it will result in a stressful situation if he or she decides not to abide by those requirements in the future.
The assistance of a well-versed commercial lease attorney is crucial to ensure both parties – the landlord (lessor) and the tenant (lessee) – are fully aware of their contractual rights and duties.
Commercial lease agreements must cover each detail involved in the business relationship with utmost accuracy, an approach that avoids potential disputes and costly lawsuits in the future.
With a solid agreement covering every foreseeable scenario, the remedies available are expressly outlined in the provisions should one of the parties fail to meet its obligations.
Deal With a Difficult Commercial Landlord in Florida – Is Filing a Lawsuit the Right Approach?
Even though Florida law does not grant commercial lessees the same protections offered to residential tenants, commercial leases have implied rules that do not necessarily need to be written in the contract.
For example, commercial tenants have the right to quiet and peaceful possession of the leased premises. If a commercial landlord makes it impossible for a tenant to conduct business on the premises under this requirement, it may provide grounds for an early termination.
In such cases, the guidance of an expert attorney cannot be taken for granted. Each case is different and considering litigation can be a costly and time-consuming process, the best approach is to settle things out of the court.
Difficult Commercial Landlord in Florida – Documenting the Process
Ensuring adequate communication between the parties involved in a commercial lease agreement is the primary step to avoiding stressful situations. A good practice to prevent misunderstanding is maintaining communication in writing.
If a tenant is being wrongfully evicted from the commercial property, he or she will have sufficient evidence of the attempts to settle the situation peacefully. Several landlord’s actions can be identified as “self-help eviction,” such as:
- Changing the locks on the leased premises
- Shutting off the power
- Removing the tenant’s property without a court order
Evicting a commercial tenant without due legal process will likely result in a judgment obligating the landlord to pay attorney’s fees, court costs, and lost profits incurred by the eviction.
Are You Dealing with a Difficult Commercial Landlord in Florida? – We Can Help Protect Your Interests
A well-versed legal advisor in Florida contract law, Attorney Romy B. Jurado willingly wants to help protect your business interests. Contact us today by calling (305) 921-0976 or emailing [email protected] for an individual consultation.