Florida Landlord Tenant Commercial Package - Deluxe
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How to fill out Landlord Tenant Commercial Package - Deluxe?
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FAQ
Clarify Deposit and Rental Details Rent increases of 3% to 5% annually are reasonable in Florida's commercial real estate market. Rent abatements occur when a tenant is not required to pay rent (or is allowed to pay a reduced rent) due to damage not caused by the tenant.
In Florida, commercial landlords and tenants must abide by Florida Statutes § 83.001-83.251. Under these statutes, holdover tenancy arises when the tenant continues to occupy the premises without the landlord's consent. As a result, the holdover tenant is subject to eviction and may be liable for damages.
A holdover tenant is a tenant who continues to pay rent, even after the lease has expired. The landlord must also agree, or else eviction proceedings may occur. Holdover tenancy exists in a gray area between a full rental contract and trespassing.
Chapter 83 of the Florida Statutes is instructive on handling a holdover tenant situation. Section 83.58 of the Florida Statutes entitles an owner to demand double rent for the amount of time that the tenant continues to stay in possession of the property.
Florida prohibits Commercial Landlords from changing the locks or taking actions that prevent them from entering. If they do not have proof that the Tenant vacated or abandoned, they should not engage in Self-Help. If a Commercial Landlord takes action to prevent access, they may be liable for damages.
When a tenant remains in possession of the rental after the agreement term expires they are considered a ?holdover tenant? . Legally, they become a month-to-month tenant and all provisions of the original agreement remain in effect, including the requirement to provide 30 days written notice of their intent to vacate.
Deposit. Florida has no regulations or requirements governing the return of commercial security deposits.
The lessor's most essential duty is to deliver possession of the property to the lessee on the date stated in the lease. The duty of quiet enjoyment, provides that the landlord is the proper title owner of the property and there will be no disturbances in the lessee's possession of the property.