A Florida commercial lease agreement is a binding contract for a tenant to lease office, retail, or industrial space. The agreement sets the rights and responsibilities for both landlords and tenants, as well as details about rent, deadlines, penalties, and other items.
The Florida law that governs commercial leases is Florida Code Title VI, Chapter 83. These types of leases are generally longer and more complicated than a residential lease, so consulting with a lawyer is advisable.
Florida Commercial Lease Requirements
The following are commercial lease requirements in Florida:
- Statute of Frauds – Under Florida laws, verbal lease agreements for commercial spaces for a period greater than one year are considered void under the Statute of Frauds. Commercial leases for greater than one year must be in writing.
- Radon Gas Disclosure – In the state of Florida, every landlord must include a warning about radon gas. There must be a mention that buildings in Florida have found radon gas levels above the legal limit. Information regarding the gas, the health risks that it presents, and where those with exposure can get tested should also be provided to the tenant.
- Holdover Tenants – Tenants who breach the lease may sometimes refuse to surrender the premises at the end of the lease term. In cases such as these, Florida laws allow the landlord to pursue any one of the following legal remedies:
- In cases where a tenant refuses to give up possession at the end of the lease, landlords can ask for twice the amount of monthly rent due at the end of each month. (This does not apply to holdover tenants with a good faith claim of right based on reasonable grounds.)
- Sue the tenant for damages resulting from depriving the landlord his or her reasonable rental value of the premises.
- Demand a rent increase for the new lease term.
- File eviction procedures against the tenant according to normal Florida eviction rules.
Writing Florida Commercial Lease Agreements
An Florida commercial lease agreement should generally contain the following:
- Landlord’s name and contact information
- Property manager’s name and contact information (if any)
- Tenant’s name and contact information
- Description of the lease property
- Authorized use of the lease property
- Type of lease (gross, modified-gross, or triple-net)
- Term of the lease and the commencement date
- Option to renew the lease (if any)
- Rent and landlord’s profit participation in operations (if any)
- Penalty for late/non-payment of rent (including eviction process)
- Designation of the responsible parties for certain expenses and utilities
- Security deposit and refund policy
- Permissible leasehold improvements allowed by the landlord
- Additional terms as needed (including municipal codes and restrictions)
- Landlord and tenant contact information and form for legal service
- Place for the signatures of all parties
- Miscellaneous terms specific to the lease
Sources
- 1 F.S. §725.01
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No action shall be brought whereby to charge any executor or administrator upon any special promise to answer or pay any debt…unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party…
Source Link - 2 Stat. Ann. § 404.056
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STANDARDS.—To preserve and protect the public health, the department is authorized to establish, by rule, environmental radiation standards for buildings, and to conduct programs designed to reduce human exposure to such harmful environmental radiation. In the establishment of such standards, the department shall consider…
Source Link - 3 Florida Statutes Title VI. Civil Practice and Procedure § 83.06
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When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal representatives, may demand of such tenant double the monthly rent…
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