Unfortunately, Florida commercial lease disputes are more common than they should be. From the negotiation to the ongoing relationship between landlords and tenants, several good practices must be followed to protect both parties from distressing side effects.
Read on to find out how to prevent commercial lease disputes in Florida.
How to Prevent Commercial Lease Disputes in Florida – Foremost Tips
In Florida, commercial leases are far more complex than residential leases. Whether the landlord or tenant breaches the contract, the consequences will likely lead to hefty fines and stressful lawsuits.
The core element of a successful commercial lease is the contract established between the landlord and the tenant, which must be as detailed as possible.
Properly Drafting the Lease Agreement
The most common mistake that commercial tenants make in Florida is not outlining every detail of a commercial property lease in writing.
No matter how friendly the landlord might have been throughout the negotiation, a tenant is not protected unless the terms and conditions are reduced to a robust contract. Another important aspect is not to rely on standard forms found on the internet.
While this type of commercial lease is not necessarily void, each transaction is different and requires specific language to meet each party’s needs. If the landlord insists to utilize generic forms, the tenant’s answer must be no.
It is possible to enforce oral agreements in court but getting everything in writing and executing physical documents according to the statutory requirements is the only option to guarantee a commercial tenant’s peaceful night of sleep.
Never Act When You Are Angry
When it comes to business, the best approach is to let emotions aside. Whether you are a tenant or landlord in a commercial property lease, maintaining the communication in writing is an alternative to documenting discussions and guaranteeing each party is aware of how the transaction is going on.
However, sending emails, text messages, or voice messages with “angry” content without hesitation may affect the outcome of future (or present) litigation. If admissible as evidence during a trial, this type of content can work against oneself.
The golden rule is to save any emails, texts, or lease-related content, while never taking inadvertent action and producing any content that could hurt your defense in court.
Ensuring the Contractual Terms are Enforceable
Not only a commercial lease agreement must be properly executed, but the terms and conditions outlined in the document must meet all relevant statutory requirements. If a business lease contract goes against any applicable laws in Florida, it will be considered void.
The best strategy is to work with a seasoned contract attorney to conduct the negotiation between the interested parties and fully draft the lease agreement from scratch.
If the document has already been prepared, it is crucial to get the paperwork reviewed by a contract attorney before signing. This way, it is possible to reduce the risk of costly litigation arising from an unenforceable contract.