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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Lawyer Reviews for Florida Commercial Lease Projects

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Real Estate

Commercial Lease

Florida

Asked on Apr 17, 2023

What's permitted alterations in a commercial lease?

I am a small business owner looking to rent a commercial space for the first time. I am considering signing a commercial lease and want to know what kind of alterations are allowed in the agreement. I would like to avoid any potential legal issues or disputes in the future by clarifying what is permitted before signing the lease.

Moss S.

Answered Apr 28, 2023

Usually permitted alterations are cosmetic, and non-structural in nature. Often times the Landlord will require the Tenant to submit plans, or in the alternative the lease will describe the fit and finish that would be allowed.

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.

Read 1 attorney answer>

Real Estate

Commercial Lease

California

Asked on Apr 21, 2023

What's the property description in a commercial lease?

I am a small business owner who is looking to lease a property for my business. I am currently reviewing a commercial lease and am trying to understand what is included in the property description in the lease. I am hoping to gain more clarity on what the property description entails and how it affects my business.

Gagandeep K.

Answered May 24, 2023

A property description in a commercial lease has to sufficiently identify the extent and boundaries of the property being leased. For example, it can be described by a map reference or by metes and bounds, or include a description such as "that certain building on the south-westerly corner of California and Larkin Streets." The commercial lease will include defined terms such as "Building," "Property," and "Premises". The defined terms define/describe the "Property" on which the "Building" is located which has the "Premises"/"Space" that is being leased. A sample definition of is Property Description in a Commercial Lease: ""Property" means the real property on which the Building is located together with the Building and all appurtenant fixtures and personal property of Landlord used in the operation of the Building and/or the Property, and any other improvements now existing or hereafter constructed thereon[, including the parking lot, walkways, and landscaped ground as depicted on the site plan attached hereto as Exhibit [LETTER]]."

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Commercial Real Estate

Commercial Lease

Maryland

Asked on Apr 27, 2023

What are the notice requirements for terminating the lease?

I am a business owner who recently signed a commercial lease for a property. I am looking to terminate the lease but am unsure of the notice requirements I must adhere to in order to do so. I would like to know what the notice requirements are for terminating the lease so that I can ensure I do not breach the terms of the lease.

Michael C.

Answered Jun 1, 2023

The notice requirements for terminating a commercial lease in Maryland are going to vary depending on the specific terms of your lease agreement. Please read and refer to your lease. If your lease is month to month, then it's likely you'll have to provide at least 30 days notice. If your lease is for a longer term (6 to 12 months), it's likely you'll have to provide at least 90 days notice, and may need to pay damages for breach of the lease agreement.

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.

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