Commercial Lease Disputes: Know Your Rights as a Tenant

Commercial leases in Florida are governed primarily by contract law, not the residential landlord-tenant statutes that many people are familiar with. This means the lease itself is the primary source of your rights - and what's not in the lease often can't be enforced.

Commercial vs. residential: a critical distinction

Florida's residential tenant protections (Chapter 83, Part II) do not apply to commercial leases. There are no implied warranties of habitability, no statutory repair obligations, and no automatic right to withhold rent. Commercial tenants must rely on the terms they negotiate in the lease.

Key provisions to understand

Before signing any commercial lease, understand these critical provisions:

• Use clause: What business activities are permitted? A narrow use clause can prevent you from pivoting your business or subletting to certain types of tenants.
• CAM charges: Common Area Maintenance charges can add 30-50% to your base rent. Understand what's included, whether there's a cap, and your right to audit the landlord's calculations.
• Assignment and subletting: Can you transfer your lease if you sell the business? Most commercial leases require landlord consent, but the standard for that consent matters enormously.
• Default and cure provisions: How much notice do you get before the landlord can terminate? What constitutes a default? Is there a right to cure?
• Personal guaranty: Many landlords require business owners to personally guarantee the lease. This means the landlord can pursue your personal assets if the business fails.

When disputes arise

Common commercial lease disputes include disagreements over maintenance responsibilities, CAM charge calculations, lease renewal terms, security deposit returns, and construction or buildout issues. Many of these disputes come down to ambiguous lease language - which is why having an attorney review the lease before signing is so valuable.

Remedies available to commercial tenants

If your landlord breaches the lease, your remedies depend on what the lease says. You may be entitled to damages, rent abatement, lease termination, or specific performance. In some cases, constructive eviction - where the landlord's actions make the premises unusable - may provide grounds for termination even without an express lease provision.

If you're entering into a commercial lease or facing a dispute with your landlord in Sarasota or Manatee County, consult a Board Certified Real Estate attorney who can protect your interests.

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