How long does it take to evict the commercial tenants in Florida? Along with this, what are the general principles or the duties and obligations of the landlord and tenants? Most importantly, commercial tenants rights in Florida? If such concerns are revolving your head then, it is a time to delve inside the following segments discussing every aspect of the commercial landlord tenant laws in Florida.
Hence, let’s get started!!
Duties and Obligations of Landlord and Tenant
Before diving in to know more about the commercial tenants rights in Florida along with the general principles and other aspects of the landlord tenant laws in Florida, it is important to have a look at the duties and obligations of the same.
The landlord and tenant have the typical rights and responsibilities, but whichever party can end the contract at any moment by providing adequate notice. A tenancy at will is defined as a tenancy granted by a written document with an infinite length.
Therefore, let’s start with the tenant. Well, the principal duty of the tenant is the payment of the rent. Along with this, he also has the responsibility to give up the premises at the expiration of the rental agreement.
In addition, the tenant has a duty not to perpetrate the waste. Therefore, when the lease term starts, the tenant has the right to reside and utilize the premises depicted in the agreement. Hence, go through the terms mentioned in agreement before the rent proceedings.
Hence, in the lack of a peculiar condition or in the absence of waste, the tenant has none obligation to inhabit or utilize or even to proceed to apply the demised sites for a special intent, even if both the parties anticipate and convert a particular goal.
The landlord tenant relationship is founded on obligations imposed by statutory law, common law, or the terms of the specific contract. The implicit condition of peaceful pleasure is a requirement of all agreements.
This breach guarantees the tenant’s occupancy of the property will not be disrupted through someone having a higher legal claim to the property, such as that of the landlord.
According to Florida law, a tenant has various roles and obligations. Part II, Chapter 83 of the Florida Statutes, the Florida Residential Landlord Tenant Act, lays out these requirements. According to federal law, a renter in federally subsidized rental accommodation has obligations as well. Therefore, it is important to go through the Florida commercial lease agreement
Remedies and Defense of Tenant
Before wasting any further moment, here comes the time to learn about the remedies of the tenant as well as the landlord.
Moreover, let’s discuss the remedies and defense of the tenant before shedding light on the landlord’s remedies. Well, according to the Law Shelf, it includes the following:
- Rent reduction
- Monetary damages
- Retaliatory eviction
- Housing discrimination laws
- Rent control
At this certain time, you might be looking for the segment that could deal with the answer to what would be the remedies of the landlord in case the tenant has committed waste to the premises?
Whenever the landowner is faced with a tenant’s current waste, the owner may pursue a preliminary injunction the renter from incurring any additional waste. A landlord might very well file a lawsuit in compensation for waste produced by the tenant that indeed causes harm to the landlord’s prospective interest in the house just after waste has already been perpetrated by the tenant.
Moreover, what are the remedies of the landlord if the tenant still continues after the termination of the term of lease?
Likewise, according to The Florida Bar, whenever the tenant extends his tenure far beyond period, the landowner has three options:
- Seek or demand double rent;
- Claim a fixed amount of recurring rent; or
- File an eviction legal process, which involves litigating for custody of the real estate as well as penalties, which include extra loss suffered as a result of use.
Landlord Rent Remedies
Moreover, it is the time to check out the landlord’s rent remedies.
Therefore, according to Jimerson Birr, in short, the landlord remedies include the following:
- Distress writs
- Collection issues
- Attachment, garnishment, and levy
- Fraudulent transfers & tracing assets.
- Piercing the corporate veil.
According to the Legal Information Institute, When such assurance of livability is broken, the courts generally grant one of three options:
- The renter can refuse to pay rent again unless the landlord makes improvements to the premises.
- The occupant will be entitled to refuse to pay rent and rather than utilize the funds to help pay for maintenance.
- The renter will have the right to pursue legal action for compensation.
Drafting a Commercial Lease
Moreover, it is a perfect time to understand what should be considered in the written commercial lease.
According to the U.S. Securities and Exchange Commission, the identities of the parties, a particular specification of the asset, the period of the rental agreement, a mechanism for rent payment, statements of common consent expressing the purpose including both parties to construct a rental agreement, and the parties’ signings should all have been included in the handwritten rental agreement.
First and foremost, a commercial contract should always be drafted in straightforward and simple terminology so that all parties involved in the agreement are aware of the lease’s duties and responsibilities.
Attorney Fees and Damages
Now, it is a time to learn more about the attorney fees as well as damages. To know more about the same, stay tuned to the segment till the end.
Well, if any Party files a lawsuit to uphold the provisions and conditions of this Agreement, the non-victorious side must compensate the victorious person for substantial attorneys’ expenses, registration fees, and legal expenses.
Homeowner may revoke the said Lease, dislodge Tenant’s or indeed any resident’s real estate, where in case Tenant shall promptly capitulate the Rented Premises to Homeowner, and if Renter screws up to concede the Lease Agreement to Landlord, homeowner may gain entry upon that and claim ownership of the Rented Site, without bias to just about any other solution it may have for custody or offers an engaging in rent.
While residing in Florida, it is important to note down the Florida commercial landlord tenant law, Florida commercial tenant rights, commercial eviction Florida statute before signing the lease agreement.