Commercial Lease Default Enforcement And Landlord Remedies In Jacksonville
Whether you are renting a space for your business or a landlord needing assistance, the creation and success of a commercial lease can significantly impact your future. Working with an experienced Florida real estate attorney on the drafting, reviewing and negotiating of your commercial lease can help make the process faster and more successful.
At Lesak, Hamilton, Calhoun & Pontieri, Attorneys at Law, we represent various Jacksonville businesses in commercial leasing matters and other high-stakes real estate concerns. Commercial leases are often more complex than residential lease agreements and require a deep understanding of the intricacies of real estate law. With our background in real estate, contract and business law, we have immense experience assisting with all aspects of a commercial lease cases.
The Right Steps To Ensure Your Commercial Lease Is A Success
Before signing any lease agreement, landlords and tenants must take steps to understand the agreement and the other party. After finding the right tenant or space for your business, signing a lease contract may seem like something you can rush through. However, before you get to the final step of signing your lease contract, it is crucial that you do your research and understand the area and location of the space.
As a business owner, your location can be vital to your success. You need to take the time to find the right place to attract potential customers or clients. Once you find a space in the right location, you should take the time to learn about the landlord and the building owner. If you are a landlord, it is just as important to research your potential tenant.
A commercial lease may differ depending on the type of space and the parties involved, but it must contain core elements that outline the length, cost of rent, additional fees and any security deposits. However, there are other factors that you need to consider, such as zoning and nuisance laws. Jacksonville and other Florida cities have specific rules regarding the various uses of a space. You can prevent major legal disputes and setbacks by ensuring that the space meets your needs and zoning regulations.
Enforcing Commercial Lease Rights And Remedies In Florida
Commercial landlords and tenants can face major financial problems when a lease is breached. Common defaults include unpaid rent, property damage, improper use of the property and failure to leave when the lease ends. The lease may also set rules for notice, cure periods, attorney fees and other remedies.
Commercial Landlord Rights And Default Enforcement
Retail property managers, commercial property owners and real estate investors should review the lease as soon as a tenant defaults. Acting early can help protect rental income and the property. A carefully drafted commercial lease can also set clear terms for handling defaults and disputes.
Under Florida law, a commercial landlord must give three business days’ written notice that demands payment or possession before starting removal proceedings. The lease may waive this notice if the waiver meets legal requirements.
According to state law, if a written lease does not specify a notice period, a landlord must provide 15 days’ written notice to cure a material non-monetary breach before initiating eviction. For an oral month-to-month tenancy at will, 15 days’ written notice is required to terminate the tenancy. If a written lease sets a different notice or cure period, those terms generally apply.
If the tenant does not fix the default or leave the property, the landlord can seek a summary commercial eviction. This process allows the landlord to ask the court for possession of the property. The landlord may also seek a money judgment for unpaid rent and other amounts owed under the lease. If the tenant damages the property, the landlord may seek payment for those losses as well.
Commercial Lease Breach Remedies
Florida law requires a landlord to choose among certain remedies after a tenant breach. Commercial landlord rights may include taking back the property for the landlord’s own account and ending the lease. The landlord may instead take back the property for the tenant’s account and seek the unpaid rent that results.
The landlord may also keep the lease in place and enforce the tenant’s rent obligations while the tenant remains in possession. This option may include rent acceleration if the lease allows it. However, the landlord cannot end the lease while using a remedy that depends on keeping the lease in effect.
Alternatively, landlords may also take no immediate action to retake possession. Instead, they can sue the tenant as rent becomes due or accelerate the total future rent, depending on whether or not the lease agreement allows it. Florida law also gives landlords a lien for rent on certain property owned by the tenant. A landlord may use a distress action to enforce that lien and seek rent that remains unpaid.
We represent commercial landlords, tenants, shopping center developers and retail property managers in lease disputes. Our services may include reviewing lease terms, preparing default notices, seeking possession and enforcing lease remedies. We also help clients pursue unpaid rent, property damage claims and other amounts due under a lease. Our firm represents clients in commercial leasing matters in Jacksonville and throughout Florida.
Practical Leasing Guidance And Solutions
Unlike a residential lease, commercial tenants and landlords have much more to consider before finalizing any agreement. Overlooking even a minor detail can cause legal problems, and waste time and money.
At Lesak, Hamilton, Calhoun & Pontieri, Attorneys at Law, we can assist you with every step of the leasing process. From researching zoning laws to reviewing the contract, you can trust me to fight for your best interests. Contact a knowledgeable real estate lawyer to schedule a consultation by calling 904-901-4750 or completing our online contact form.
