Not all business owners have their own properties to establish a company. In such cases, the best option available is to rent a commercial property from a landlord, which will require the signature of a commercial lease contract.
In this article, you will discover the potential outcome of a landlord’s breach of a commercial lease in Florida.
Florida Commercial Lease Agreement – The Fundamentals
A commercial lease agreement is a contract specifically drafted for renting a commercial space. Once the document is signed by the landlord (lessor) and the tenant (lessee), it becomes legally binding.
Also referred to as a “business lease” or “commercial property lease,” this contract must outline all the terms and conditions involved in the agreement, as well as each party’s rights and responsibilities.
If the conditions of the lease are more tenant-friendly, the lessee will usually be responsible for paying the rent while the lessor will assume the costs associated with insurance, taxes, and other expenses involving necessary repairs and maintenance.
Conversely, if the conditions of the lease are more landlord-friendly, it will usually place the burden of insurance, taxes, and other additional expenses on the lessee, in addition to the payment of the agreed-upon amount of rent.
The best approach is to work with an expert Florida commercial lease attorney to conduct the negotiations between the two interested parties and guarantee the document’s provisions do not favor only one of the parties.
Instead, an ideal commercial lease agreement must contain terms and conditions tailored to the circumstances of the lessor and the lessee.
What Happens If Landlord Breaches Commercial Lease in Florida? – A Realistic Overview
If a landlord incurs a contractual breach in a Florida commercial lease, the remedies available depend on the type of breach. In some cases, contract termination or forfeiture can be legally justified if the plaintiff can prove:
- The breach of a material covenant
- The breach of a condition of the lease contract, or
- A violation of a relevant law
Lease terminations often fall within two major categories, which are termination based on monetary grounds and non-monetary grounds.
As its name suggests, a termination based on monetary grounds occurs if one of the parties fails to meet a financial obligation due to the other party.
For example, if the landlord fails to pay the due amount of contractual obligations associated with repair-maintenance costs or taxes, it may result in feasible grounds for a tenant to seek legal remedies for breach of lease contract.
Termination based on non-monetary grounds is often a problematic solution, which results in most state courts not favoring it as an ideal solution. In such cases, the injured party must prove that the other party has materially breached the contract by failing to meet a material obligation.
For example, if the landlord has a contractual duty to repair the commercial premises but fails to satisfy this requirement after receiving notice from the tenant, it may result in a lawsuit for material breach of contract.
Landlord’s Breach of Commercial Lease Contract Florida – Immediately Seek Expert Legal Guidance
Reacting to a landlord’s breach of a commercial lease in Florida requires superior legal expertise. Contact Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to find a solution for your case.
