Commercial Lease Disputes in Florida
1. Definition
Commercial lease disputes involve disagreements between landlords and tenants over the terms or enforcement of a lease agreement governing commercial property—such as offices, warehouses, restaurants, or retail space. These disputes can significantly impact a business’s ability to operate or a landlord’s ability to earn rental income.
Commercial leases are typically more complex than residential ones, with customized provisions governing rent, maintenance, repairs, buildouts, renewals, and default. A dispute may arise from one party’s alleged failure to follow the terms, ambiguous language, or external events (like code violations or economic hardship).
2. Florida Legal Context
Commercial lease relationships in Florida are governed by Part I of Chapter 83 of the Florida Statutes (§§ 83.001–83.251), which specifically applies to nonresidential tenancies. Unlike residential leases (governed under Part II), commercial lease agreements are treated as arms-length contracts between sophisticated parties, and the courts will generally enforce the lease terms as written—unless contrary to public policy or law.
Key statutory provisions include:
- $ 83.001 – Clarifies that Part I applies only to nonresidential (commercial) tenancies.
- $ 83.05 – Gives landlords the right to recover possession when rent is unpaid.
- $ 83.06 – Authorizes landlords to seek double rent if a tenant holds over after the lease ends.
- $ 83.08–83.09 – Establish landlord lien rights and the process of distress for rent.
- $ 83.20–83.22 – Outline legal causes and procedures for eviction (unlawful detainer).
- $ 83.251 – Provides for the removal of unauthorized occupants.
In practice, the lease agreement itself dictates the scope of most rights and remedies. Common legal issues include:
- Breach of lease: Failure to pay rent, failure to maintain premises, or failure to operate continuously
- Defaults and remedies: Enforcement of late fees, attorney’s fees, accelerated rent, or forfeiture clauses
- Personal guaranty enforcement: Holding individual guarantors liable when the business tenant defaults
- Force majeure interpretation: Assessing whether unforeseen events excuse performance
- CAM (Common Area Maintenance) disputes: Challenges to pass-through charges or improper accounting
In the event of a dispute, commercial eviction lawsuits are generally filed in Florida circuit court. If the lease includes an arbitration clause, the parties may be required to resolve disputes through private arbitration.
3. Real-World Application
Examples of commercial lease disputes in Florida include:
- A restaurant tenant alleging that the landlord failed to complete required plumbing repairs, resulting in lost revenue
- A shopping center landlord suing a national retail tenant for closing early, in violation of a “continuous operation” clause
- A tenant disputing excessive CAM (Common Area Maintenance) charges or hidden fees
- A landlord attempting to evict a tenant during the COVID-19 pandemic based on a narrow force majeure clause
- A business claiming constructive eviction because the landlord allowed an unsafe or non-code-compliant environment
These disputes may include emergency injunctions (e.g., to prevent lockout), summary eviction proceedings, or multi-issue litigation involving breach, tortious interference, and accounting.
4. Why It Matters for Clients
Commercial lease disputes threaten core aspects of business operations or real estate investments. Failing to act quickly may result in:
- Damaged credit or business reputation
- Loss of business premises or forced relocation
- Breach of franchise or vendor obligations tied to location
- Personal liability exposure if a guaranty is triggered
- Long-term vacancy or impairment of the landlord’s property value
Understanding your lease rights—and having the right legal representation—can prevent these situations or mitigate the harm.
5. How Our Law Firm Can Help
Black Rock Trial Lawyers represents commercial landlords, tenants, brokers, and guarantors in:
- Interpreting lease terms and advising on default options
- Filing and defending lawsuits for unpaid rent, eviction, or damages
- Prosecuting or defending claims for constructive eviction or abandonment
- Litigating disputes over lease renewals, rent increases, CAM fees, repairs, or buildout obligations
- Pursuing or defending claims involving misrepresentation, estoppel, or breach of fiduciary duty
- Enforcing or challenging personal guaranties in high-value leases
We also help clients negotiate lease modifications or workouts when litigation can be avoided.
6. FAQs (Frequently Asked Questions)
Q: Can a commercial landlord in Florida evict a tenant without going to court?
A: No. Florida prohibits “self-help” evictions. Landlords must file an unlawful detainer or eviction lawsuit and obtain a writ of possession through the court.
Q: What is a CAM charge, and can tenants dispute them?
A: CAM (Common Area Maintenance) charges are shared operating expenses passed through to tenants. They can be disputed if the lease terms are vague or the calculations are inflated.
Q: Can a commercial lease be terminated for non-payment without warning?
A: Most leases require written notice of default and an opportunity to cure. Florida law typically respects the notice and cure provisions included in the lease.
Q: What if I signed a personal guaranty on a commercial lease?
A: You may be personally liable for the lease if the tenant business defaults. However, defenses may exist depending on how the guaranty was drafted or enforced.
Q: Can COVID-19, hurricanes, or emergencies excuse lease performance?
A: Possibly. Force majeure clauses may excuse performance in some cases, but Florida courts interpret these narrowly based on the language used in the lease.