Florida Commercial Lease Agreement
A Florida commercial lease agreement is a contract that establishes the terms and conditions for renting a commercial space between a landlord and a business. This agreement is tailored to meet the specific needs of various industries, including retail, office, and industrial sectors. It includes essential details such as the location, size, and permitted use of the space.
Florida Commercial Lease Agreement
Financial Specifics
The lease agreement must clearly outline the financial aspects of the rental arrangement. This includes:
- Rent Amounts: The total rental cost that the tenant is obligated to pay.
- Payment Schedules: The timeline for when payments are due.
- Additional Costs: Any other expenses related to the property that the tenant may be responsible for.
Maintenance Responsibilities
The lease should specify the maintenance responsibilities of both the landlord and the tenant. This section is crucial as it helps prevent disputes and ensures that the property is maintained in good condition throughout the lease term. Clear delineation of responsibilities regarding repairs and upkeep is essential for both parties.
Legal Requirements
Rental Laws
Florida commercial leases are governed by specific statutes, including:
- Florida Statutes Chapter 83, Part I: This chapter addresses non-residential tenancies.
- Chapter 680: This chapter pertains to the Uniform Commercial Code regarding leases.
Consumer Protection Laws
Landlords must adhere to consumer protection laws, particularly:
- Fla. Stat. § 680.1041: This statute outlines relevant provisions that protect consumers in lease agreements.
Jurisdiction
According to Fla. Stat. § 680.1061, the legal jurisdiction for any disputes arising from the lease must align with one of the following criteria:
- The lessee’s residence,
- The location of the property, or
- The jurisdiction where the lease is executed.
If the chosen jurisdiction does not conform to these stipulations, it may not be enforceable.
Required Disclosures
Before finalizing a lease agreement, landlords are required to provide tenants with specific disclosures. One important disclosure is:
- Radon Gas Disclosure: As mandated by Fla. Stat. § 404.056, landlords must inform tenants about the presence of radon gas in the property.
Statutes
- Fla. Stat. § 83.201 – Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent
- Fla. Stat. § 83.46 – Rent; duration of tenancies
- Fla. Stat. § 83.47 – Prohibited provisions in rental agreements
- Fla. Stat. § 83.48 – Attorney fees
- Fla. Stat. § 83.49 – Deposit money or advance rent; duty of landlord and tenant
- Fla. Stat. § 83.51 – Landlord’s obligation to maintain premises
- Fla. Stat. § 83.53(2) – Landlord’s access to dwelling unit
- Fla. Stat. § 83.53(2b) – Landlord’s access to dwelling unit
- Fla. Stat. § 83.53(2d) – Landlord’s access to dwelling unit
- Fla. Stat. § 83.55 – Right of action for damages
- Fla. Stat. § 83.56(2) – Termination of rental agreement
- Fla. Stat. § 83.56(3) – Termination of rental agreement
- Fla. Stat. § 83.57 – Termination of tenancy without specific term
- Fla. Stat. § 83.595 – Choice of remedies upon breach or early termination by tenant
- Fla. Stat. § 83.60 – Defenses to action for rent or possession; procedure
- Fla. Stat. § 83.64 – Retaliatory conduct
- Fla. Stat. § 83.67(1) – Prohibited practices
- Fla. Stat. § 83.67(2) – Prohibited practices
- Fla. Stat. § 83.67(4) – Prohibited practices
- Fla. Stat. § 83.67(5) – Prohibited practices
- Fla. Stat. § 83.67(6) – Prohibited practices
- Fla. Stat. § 83.682 – Protection Against Retaliation for Servicemembers
- Fla. Stat. § 715.104 – Notification of former tenant of personal property remaining on premises after tenancy has terminated
- Fla. Stat. § 715.105 – Form of notice concerning abandoned property to former tenant
- Fla. Stat. § 715.106 – Form of notice concerning abandoned property to owner other than former tenant
- Fla. Stat. § 95.11 – Limitations other than for the recovery of real property (5 years)
- Fla. Stat. § 95.11– Limitations other than for the recovery of real property (4 years)
- Fla. Stat. § 68.065 – Actions to collect worthless payment instruments; attorney fees and collection costs
- Fla. Stat. § 404.056(5) – Environmental radiation standards and projects; certification of persons performing measurement or mitigation services; mandatory testing; notification on real estate documents; rules
FAQs
A Florida commercial lease agreement is a contract that outlines the terms and conditions for renting commercial property between a landlord and a business. It includes details such as the location, size, permitted use of the space, rent amounts, payment schedules, and maintenance responsibilities.
The financial specifics in a commercial lease agreement include the rent amounts, payment schedules, and any additional costs associated with the property. This section is crucial for both parties to understand their financial obligations throughout the lease term.
A Florida commercial lease outlines which party is responsible for maintaining and repairing different aspects of the property. This clarity helps prevent disputes and ensures the property remains in good condition during the lease term.
Landlords can verify the status of any company operating in Florida by using the Florida Business Entity Search database. This tool helps ensure that the business is properly registered and compliant with state regulations.
According to Florida Statutes, the legal jurisdiction for a commercial lease should align with the lessee’s residence, the location of the property, or the jurisdiction where the lease is executed. If these conditions are not met, the jurisdiction choice may not be enforceable.
Before finalizing a commercial lease, landlords in Florida are required to provide tenants with a radon gas disclosure, as mandated by Fla. Stat. § 404.056. This disclosure informs tenants about potential radon gas exposure in the property.