Once you start a business, it is significant to ensure that there will be no problems with a rented property. Getting a fair commercial lease is the necessary step needed to secure the successful future of your business and the rate of growth. Before rushing into signing a lease, you should ensure that you understand all the issues related to drafting a commercial lease agreement template in Florida.
Commercial lease agreements in Florida are contracts specifically used to rent commercial spaces to businesses. Typically, a Florida commercial lease form agreement contains more terms, conditions, and responsibilities for the landlord and the tenant compared to a residential lease agreement.
Renting office space or another type of property for business purposes is called a commercial lease. Commercial leases in Florida provide very few legal protections to tenants. In contrast to residential tenants, commercial tenants usually only have the rights explicitly stated in their lease agreements.
A Florida lease should set out clearly both parties’ rights and obligations. If the lease is longer than a year, it should be in writing, unless certain conditions are met. If a commercial lease is payable monthly – a month-to-month tenancy – the ease remains enforceable even if its term eventually exceeds a year, as there is no fixed term.
What kind of terms should you negotiate in a Florida commercial lease agreement?
It is important to make sure that the terms of your commercial lease fit your business needs since the terms vary widely depending on both the landlord and tenant.
How much space do you need to start your business, for example? Is it okay for your company to put up signs and other fixtures to attract customers? When you’re just starting out, do you need a long-term lease if you’re not quite sure what type of space to lease?
Consider the following commercial lease agreement checklist as you consider the types of lease terms you may need:
Download our free printable Florida commercial lease agreement template that you may easily complete online and is also available here as a Word document or as an Adobe PDF form. This Fl lease agreement template is easy to use.
Tenant-landlord laws govern Florida lease agreements. You need to read the lease agreement carefully before signing it, since it is a legally binding contract. You may also wish to have an attorney review it before you sign it.
When actually writing the lease in Florida, there are several sections that will need to be included:
Name of landlord or property management company, as well as tenant(s).
The full address of the leased premises or rental property.
The parties agree to enter into this type of lease. Options include month-to-month, fixed-term time period (eg. one year), or a triple net lease (the lessee pays a base rent plus property taxes, insurance, and maintenance fees and is responsible for repairs to roof, foundation, and structure.)
The month and date on which rent is due, as well as the address where rent can be paid, will be included in the lease.
There should be a due date and an amount that must be paid.
Before taking possession of the property, the tenant must pay this deposit. Renters are responsible for damages they cause.
Usually the tenant must pay the first month’s rent prior to moving into the property. .
Even tenants who are minors or can’t sign the lease must be listed. In Florida residential lease agreements, this part establishes who will live in the unit. A commercial lease identifies those with access to the space, such as employees.
This area notes which utilities a tenant is responsible for and which will be paid by the lessor.
Parking spaces are indicated in this area. Parking spots should be listed in this section if they are reserved and designated.
The tenant is told what, if any, furnishings are included, and what they can and cannot install (such as a dishwasher).
Names and addresses of both the landlord (or property manager) and tenant are listed to confirm where notices to either party should be delivered.
Tenants are informed how eviction proceedings would proceed in the case of nonpayment or another breach of the lease terms.
In this section, the parties list any additional obligations they have agreed to that aren’t covered in any of the other sections of the lease contract.
All parties should sign and date the official document.
Frequently Asked Questions
Rental lease agreements in Florida must include disclosures and information about the landlord's rights to access the rental unit.
Radon: Certain buildings in Florida have been detected with levels of radon that exceed federal and state guidelines. Radon exposure leads to lung cancer. Florida landlords are therefore required to include a warning on every lease. Florida state law requires all rental agreements to include the following warning: “RADON GAS.”
Tenants in Florida have certain rights when it comes to security deposits. Landlord-tenant laws in Florida protect tenants' rights regarding security deposits.
There isn’t one. Landlords may charge whatever they like and should indicate this with the rental application. Most landlords, however, charge two months' rent as a minimum.
There are three options available to landlords: (1) a surety bond can be posted; (2) a deposit can be placed into an interest-bearing; or (3) a deposit can be placed into a non-interest-bearing account.
Yes, this is required by Florida landlord-tenant law. Notification should be given within thirty days of receiving the security deposit.
Maybe. Renters' deposits can be kept by landlords under certain conditions.
The state of Florida allows landlords fifteen days to return a renter's deposit once they vacate.
Florida leases or rental agreements impose many responsibilities on landlords. Among those responsibilities is making sure the property is habitable. This includes making sure the property complies with safety, health, and building codes. Several options are available to the tenant if the landlord fails to repair, for example, a broken heater or leaky roof. If the landlord fails to maintain a habitable premise, the tenant may choose to break the lease. Renters in Florida have the option of repairing the issue and then deducting the costs from the rent. Failing to pay rent can result in lease termination or eviction.
The eviction process under Florida's rental laws is codified in Chapter 83 of the Florida Statutes. The landlord must serve the tenant with written notice of termination in order to evict the tenant. Tenant evictions in Florida are typically caused by the following reasons:
An eviction notice is the first step in the Florida tenant eviction process. This notice should state the reason for eviction and provide appropriate notice. If the tenant refuses to pay rent, for instance, a 3-day notice is required from the landlord informing the tenant that they must either leave or pay. In the event the tenant does not leave, the landlord has no choice but to file an eviction lawsuit in small claims court. Small claims court is an efficient, cost-effective, and quick substitute for a full-blown lawsuit. These courts do not allow lawsuits for millions of dollars. In Florida, the maximum amount for a lawsuit is $5,000.
