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
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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.
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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.
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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Meet some of our Florida Commercial Lease Lawyers
Kiel G.
Founder and Managing partner of Emerald Law, PLLC, a business law firm specializing in contract drafting and corporate transactions. Kiel worked as in house counsel for a variety of companies before launching his own firm, and most recently served as the Chief Legal Officer for an international private equity firm.
Ayelet F.
Ayelet G. Faerman knows what influencers mean to brands today. With experience as legal counsel for a beauty brand for over 5 years, and overseeing multiple collaborations, Ayelet has experienced the rise of influencer marketing. As the founder and managing partner of Faerman Law, PA her practice focuses on influencer relations including a specialization in contract negotiations.
Melissa G.
Melissa D. Goolsarran Ramnauth, Esq. is an experienced trial-winning trademark and business attorney. She has represented large businesses in commercial litigation cases. She now represents consumers and small businesses regarding federal trademarks, contracts, and more. Her extensive litigation knowledge allows her to prepare strong trademark applications and contracts to minimize the risk of future lawsuits.
October 2, 2020
Mark A.
Mark A. Addington focuses his practice primarily on employment litigation, including contractual disputes, restrictive covenants (such as non-competition, non-solicitation, or confidential information restrictions), defense of wage and hour, harassment, retaliatory discharge, disability, age, religion, race, and sex discrimination.
January 20, 2021
Elizabeth R.
Elizabeth is an experienced attorney with a demonstrated history of handling transactional legal matters for a wide range of small businesses and entrepreneurs, with a distinct understanding of dental and medical practices. Elizabeth also earned a BBA in Accounting, giving her unique perspective about the financial considerations her clients encounter regularly while navigating the legal and business environments. Elizabeth is highly responsive, personable and has great attention to detail. She is also fluent in Spanish.
February 8, 2021
Jonathan D.
Miami-based duly licensed attorney and customs broker with significant experience in various types of supply chain business agreements, as well as experience in entertainment law.
April 15, 2021
Samantha B.
Samantha has focused her career on developing and implementing customized compliance programs for SEC, CFTC, and FINRA regulated organizations. She has worked with over 100 investment advisers, alternative asset managers (private equity funds, hedge funds, real estate funds, venture capital funds, etc.), and broker-dealers, with assets under management ranging from several hundred million to several billion dollars. Samantha has held roles such as Chief Compliance Officer and Interim Chief Compliance Officer for SEC-registered investment advisory firms, “Of Counsel” for law firms, and has worked for various securities compliance consulting firms. Samantha founded Coast to Coast Compliance to make a meaningful impact on clients’ businesses overall, by enhancing or otherwise creating an exceptional and customized compliance program and cultivating a strong culture of compliance. Coast to Coast Compliance provides proactive, comprehensive, and independent compliance solutions, focusing primarily on project-based deliverables and various ongoing compliance pain points for investment advisers, broker-dealers, and other financial services firms.
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Browse Lawyers NowCommercial Real Estate
Commercial Lease
Massachusetts
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.
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.
Small Business
Commercial Lease
North Carolina
What's the repair responsibility in a commercial lease?
I am a small business owner in the process of signing a commercial lease for a retail space. I am trying to understand my responsibilities as the tenant regarding repairs and maintenance of the property. I want to make sure I understand what my repair responsibility is in the lease before signing it.
N'kia N.
In a North Carolina commercial lease agreement, it is common for the landlord to be responsible for major maintenance and repairs (including structural issues) and the tenant to be responsible for minor maintenance and repairs (including general wear and tear). However, the landlord and the tenant may agree to alternative arrangements in the written lease. The best way to more fully understand your specific maintenance and repair responsibilities under a specific lease agreement is to have an attorney review the agreement and discuss it with you. Good luck!
Commercial Real Estate
Commercial Lease
Maryland
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.
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.
Real Estate
Commercial Lease
Florida
What's the force majeure clause in a commercial lease?
I am a small business owner who is in the process of signing a commercial lease for my business. I am concerned about the implications of force majeure clauses in the lease and would like to understand them better. I have read through the clause, but am not sure if it covers all of the situations that may arise and if there are any additional considerations that I need to take into account. I would like to understand the full implications of the clause and any additional steps I should take to protect myself.
Moss S.
Force majeure is a provision that usually allows either party to delay completing an obligation in a lease. Force majeure is described as an act that is beyond the control of either party, such as a natural disaster, terrorism, or pandemic.
Commercial Real Estate
Commercial Lease
Maryland
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.
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.
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