Florida Commercial Lease Duty To Mitigate
Description
How to fill out Florida Commercial Building Or Space Lease?
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FAQ
If the landlord chooses not to retake possession, it can continue collecting rent and has no duty to mitigate. Florida courts will enforce any rent acceleration clause stated in a commercial lease.
Failing to mitigate damages is an affirmative defense in a personal injury lawsuit. The defendant must raise this defense and has the burden of proving that the plaintiff's failure to mitigate directly led to increased damages.
Additional Florida Commercial Lessor Responsibilities The landlord must wait at least three days in Florida to allow a tenant to pay rent or move before filing for eviction. Florida landlords can not charge a late fee on rent unless the rental agreement specifies that there is a late fee and how much it is.
2d 1011, 1014 (Fla. 4th DCA 1984) (?The doctrine of avoidable consequences, commonly referred to as a duty to mitigate damages, prevents a party from recovering those damages inflicted by a wrongdoer which the injured party 'could have avoided without undue risk, burden, or humiliation.