Florida Commercial Lease: Types, Key Terms To Know, Costs

Reviewed for legal accuracy by Forest Hamilton JD

Quick Facts — Commercial Lease Lawyers (Florida)

A Florida commercial lease is a legal agreement signed by a commercial tenant and an owner to use a specific property for business purposes. The document becomes a legally binding contract once both parties sign it. The commercial lease includes multiple terms and provisions that may have a significant impact on the business tenant.

Agreements like the Florida commercial lease are important because they comprise the rules and provisions the landlords and tenants must follow during the decided tenure. It helps prevent future disputes or legal complications.

Significant Disclosures Required for a Florida Commercial Lease

  • Lead Paint Disclosure

    Buildings built before 1978 likely have lead-based paint. Federal law requires landlords to inform tenants about the usage of lead paint by including a lead paint disclosure section in the commercial lease agreement. Tenants must be aware that lead paint is hazardous especially to pregnant women and young children before signing the lease.

  • Radon Gas Disclosure

    In Florida, every landlord must include a Radon Gas disclosure in the commercial lease agreement warning about radon gas, associated health risks and the levels of the gas that have been found in buildings, and whether they are above what federal and state guidelines permit.

Other Key Terms Related to the Florida Commercial Lease

A landlord and the tenant must carefully review these key terms of the Florida commercial lease before signing them.

  • Use: Specifies how to use the given premises.
  • Improvements: Allows the tenants to make improvements as they prefer to make and the rules regarding the changes that can be made.
  • Exclusivity: Prevents the owner from renting out a nearby space to the tenant’s competitors.
  • Assigning a Lease: Allows a tenant to provide the premises to another tenant after passing off financial obligations.
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Lessee/Tenant Duties and Obligations for Florida Commercial Lease Agreement

  • Inspect the Property: A tenant must inspect the property completely in case there are any defects in the property before signing the lease agreement. The tenant cannot be liable for any defect on the property that existed at the time that the parties entered into the lease agreement.
  • Rent Payment: A tenant must pay the rent properly.
  • Maintaining the Property: A tenant is responsible for maintaining the property in the same condition as how it was leased.
  • Return the Possession of the Property: It is the responsibility of the tenant to return the possession of the property to the landlord at the end of the lease term.

Lessor/Landlord Duties and Obligations for Florida Commercial Lease Agreement

  • Deliver Possession of the Property: The fundamental duty of the landlord is to deliver possession of the property to the lessee on the specified date in the lease.
  • Duty of Quiet Enjoyment: The landlord must ensure that there will be no interference in the lessee’s possession of the property as tenants have the right to the 'quiet enjoyment' of the property they rented.

Conclusion

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Frequently Asked Questions

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Contracts

Commercial Lease

New York

Asked on Apr 25, 2023

What's the entire agreement clause in a commercial lease?

I am a small business owner who recently signed a commercial lease for my business premises. I am concerned about the “entire agreement” clause in the lease, as I am not sure what it covers and what the implications are for me and my business. I am looking for clarification on the clause and any potential risks associated with it.

Matthew S.

Answered Apr 27, 2023

This is a contractual provision which aims to prevent the party relying on it from being liable for any statements or representations (including pre-contractual representations) except as expressly set out in the agreement. It generally precludes the introduction of parol evidence or evidences of other agreements that are not in writing.

Read 1 attorney answer>

Real Estate

Commercial Lease

Ohio

Asked on Apr 20, 2023

How is the lease renewed at the end of the lease term?

I am a small business owner who recently signed a three-year commercial lease for my business. I am looking to understand the process of renewing the lease at the end of the three-year term. I am interested in learning more about the process, the timeline, and what I need to do to ensure that I can continue to operate my business at this location.

Paul S.

Answered Apr 21, 2023

If your lease has a renewal option, then you renew by following that process, which involves giving notice during the specified time frame. If you did not include a renewal option in your lease, then you'll need to contact the landlord 6-12 months before the end of the term, and inform the landlord that you want to renew the lease. Then you'll have to negotiate the terms with the landlord.

Read 1 attorney answer>

Commercial Real Estate

Commercial Lease

Massachusetts

Asked on Apr 24, 2023

Can the tenant sublease the property to another business?

I am a business owner and I am looking to rent a commercial space for my business. I am considering signing a commercial lease with the landlord, but I am concerned about my ability to sublease the property to another business. I am trying to determine whether this is an option that is available to me and what the implications would be.

Joseph M.

Answered May 12, 2023

In Massachusetts, a commercial tenant can sublet or even fully assign the unit to a third party - UNLESS there is a specific prohibition in the current lease. However, even if there is such a prohibition, it might still be worth speaking to the landlord about since it might be mutually beneficial.

Read 1 attorney answer>

Landlord

Commercial Lease

Ohio

Asked on Apr 12, 2023

Can the rent be increased during the lease term?

I am an entrepreneur who is looking to rent a commercial space for my business. I recently found a space that fits my needs and the landlord is offering a lease agreement. I am wondering if the rent can be increased during the lease term, as this could have a significant impact on my business. I understand that the lease agreement may contain provisions that allow for rent increases, but I would like to confirm this before signing the agreement.

Jeffrey K.

Answered Apr 14, 2023

The lease agreement should specifically provide when and in what amount any rent increases would occur. Usually on a lease with a five year term, rent would increase yearly. If you have a build out credit, you may have free rent for a term if you pay for the build out. If it is a net lease, meaning you pay rent and, either taxes, insurance and/or common area maintenance, you would have a base rent plus the other fees that could increase during the initial lease term usually yearly, but it could be more than one time a year if the costs of these items increase. The rent would also likely increase yearly. If the lease is a gross lease, you will have one monthly rental payment that would increase (most likely) yearly.

Read 1 attorney answer>

Commercial Real Estate

Commercial Lease

Maryland

Asked on Apr 20, 2023

Can the tenant make changes to the property's signage?

I am looking to rent a commercial property for my business and have recently come across a potential property. The lease agreement states that the tenant is not allowed to make any changes to the property's signage. I am interested in understanding if there are any exceptions to this rule and if the tenant can make changes to the signage.

Michael C.

Answered Jun 1, 2023

Standard commercial lease template includes language about the nature and extent of modifications tenants can make to a property. In this instance, there's no legal or regulatory exception that is going to protect you from a restriction in the lease. Your best bet is to negotiate directly with the landlord for a modification to the lease terms.

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