Florida Commercial Lease Agreement

Commercial leases are different from residential ones, as the property’s meant for business. These contracts have other landlord-tenant obligations and rights. You must educate yourself on the various legal aspects of a Florida commercial lease agreement and what rights you have before creating one.

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Florida Commercial Lease Agreement

Compliance With Local Building Codes and Permits

  • A tenant is required to be compliant with the local building codes and permits.
  • Landlords should comply with the local building codes, zoning, and permits before they lease the property. However, they can add a clause for the tenant to accept the property as is. In this case, even if there are some building violations, it falls on the tenant to fix them.
  • Tenants should carefully inspect the property to ensure it’s up to the local standards. 
  • Any modifications to the building should comply with local zoning regulations.
  • If the lessee modifies the building, it’s their responsibility to ensure it complies with all building codes and permits. If the tenant causes a violation of the building codes and doesn’t fix it, then the lessor can start the eviction process. They can also use the security deposit to cover the costs of repairing the building code violation.

Procedures for Handling Abandoned Commercial Property

  • The Disposition of Personal Property Landlord Tenant Act governs what landlords should do with an abandoned commercial property.
  • Once the landlord believes the property is abandoned, they must send a notice of their right to reclaim the premises. The act actually gives an example of how lessors should write the note. 
  • Next, the lessor should determine the property’s market value. If the value is below $500, then they must add a line that they can reclaim the premises without further notice within the stated period.
  • If the value is above $500, then the landlord must state that they can do what they want with the property after a public notice has been given.
  • The lessee has 10 days to respond if the lessor delivers the notice personally. If they mail it, then the lessee has 15 days to respond.
  • They must send this written notice to the last-known address the tenant provided.
  • The notice must also describe the premises in detail, including any leftover equipment or furniture the tenant left behind.
  • Essentially, the lessee has 10 to 15 days to respond to the notice and pay any outstanding fees. After that, the landlord has control over the property.

Tenant’s Obligations During Natural Disasters or Emergencies

  • Lessors aren’t required by law to have insurance covering damage to the premises. As such, if the tenant doesn’t have insurance covering this damage, it may fall on them to cover the damages.
  • As there are no specific laws regarding natural disasters and tenants, the lessee and lessor can negotiate the terms and obligations.
  • It can fall on the landlord, or they can require the lessee to cover all damages. 
  • In times of disaster or emergencies, the tenant must try to protect the premises to the best of their ability without placing their life or the lives of others at risk. Most landlords also expect tenants to notify them of any property damage as soon as possible.