Commercial Lease Attorney in St. Petersburg, Florida

When renting or leasing a commercial property in Florida, the property owner and the renter must enter into a lease agreement. The lease agreement states the rules and conditions for leasing the property. In most cases, the renter or tenant is required to make regular payments to the commercial property owner in order to use the building for income-generating or business purposes. Also, the renter must adhere strictly to the provisions of the lease agreement. 

If you want to obtain a commercial lease or you want to lease a commercial property, consulting with a highly-skilled Florida commercial real estate attorney is crucial for proper guidance. At Silvestri Law, P.A., I have the diligence and skills to advise and guide clients in real estate and commercial lease-related matters. I’m available to discuss your unique situation, help review and negotiate the terms of the lease, and ultimately protect your best interests. 

My firm – Silvestri Law, P.A. – proudly serves clients across St. Petersburg, Florida, and surrounding communities throughout the Greater Tampa Bay area. 

Commercial Leases in Florida  

A Florida commercial lease agreement can be described as a contract or agreement which allows the property owner or landlord to lease their commercial property to someone else for a business or income-generating purpose. The commercial lease agreement outlines the terms and conditions of renting or leasing the space to the business entity or tenant. 

Commercial Tenant & Landlord Rights 

Here are some rights and obligations of commercial tenants and landlords in the state of Florida: 

Withholding Rent 

If a commercial lease indicates that the landlord must make specific repairs or fix property damages, the tenant can withhold rent until the landlord fulfills their repair obligations. However, in order to withhold rent, the tenant must give 20 days’ written notice to the landlord about the maintenance or repair issue. 

Evicting a Commercial Tenant 

According to Florida law, a landlord can evict a commercial tenant based on the following grounds: 

• Nonpayment of rent after receiving three days’ notice 

• Failure to vacate the rental unit after the lease agreement expires 

• Failure to address a lease breach after receiving fifteen days’ notice 

No Self-Help Evictions 

Under Florida law, a landlord cannot evict a tenant by removing their belongings and changing locks to prevent the tenant from making use of the commercial space. All evictions from commercial property must be carried out through a legal process. 

Maintenance and Repair 

A commercial lease in Florida must clearly outline the maintenance responsibilities of the landlord. A “duty to repair” clause may be inserted into the lease agreement with different provisions addressing who will repair property damages, rent reduction for repairs done by the renter, and liability for business losses due to property defects. 

Important Provisions of a Commercial Lease  

A commercial lease must provide adequate protection for both the landlord and the tenant. Here are some important provisions of a commercial lease agreement: 

• The start date of the lease term 

• The length or duration of the lease 

• Provisions for renewing rent at the end of the lease term 

• Provisions for remedies when the landlord infringes on the tenant’s rights 

• The specifications and measurements of the commercial space being leased 

• Whether you can sublease the commercial property to someone else 

• The amount of the security deposit 

• Provisions for increasing tenant’s rent during the lease term 

• How the renter can and can’t use the commercial space 

• Additional costs included in the rent, such as insurance, maintenance fees, taxes, utilities, or common area charges 

• Provisions for resolving disputes 

• The penalties for violation of one or more terms of the commercial lease 

Ensure that your commercial lease agreement is clearly and carefully worded to provide the required protections for both parties and for their understanding of the terms of the lease. A knowledgeable Florida commercial lease attorney can help draw up, review, or negotiate the terms of the lease contract and ensure that all important provisions and clauses are covered. 

Additional Lease Considerations  

Here are some additional considerations and clauses to include in your lease: 

Maintenance Clause – The maintenance clause indicates who is responsible for maintaining or repairing damages to the facility/property. 

Utility Clause – The utility clause indicates how the tenant will pay for all utilities and services provided to the commercial property, including gas, water, electricity, security, telephone, sewer, sanitation, and trash removal. 

Alterations Clause – The alterations clause states the types of improvements and modifications the renter is allowed to make in the commercial space. 

Property Taxes Clause – The property taxes clause describes how property taxes should be paid or divided between the landlord and commercial tenants.  

Insurance Clause – The insurance clause in the commercial lease contract indicates the required coverage and the party responsible for paying for it. 

How Your Real Estate Attorney Can Help 

A commercial lease agreement remains an intricate and vital aspect of all commercial real estate transactions. It is important that you understand the terms of the lease to protect your rights and avoid potential liability. Therefore, if you want to obtain a commercial lease or if you're involved in a commercial lease dispute, it is imperative that you hire a trusted commercial real estate attorney for detailed guidance and to help you make intelligent decisions. 

At Silvestri Law, P.A., I am dedicated to offering outstanding legal services and protecting the best interests of parties involved in commercial real estate transactions. Whether you want to obtain a commercial lease or lease a commercial space, we can help review and negotiate the terms of the lease agreement and make sure it is fair. Even if you’re involved in a commercial lease dispute, we can explore your available dispute resolution options and guide you through the legal steps involved.