Florida Clause Providing for the Periodic Increase in the Tenant Security to Reflect Increases in Base Rent

State:
Multi-State
Control #:
US-OL4A012A
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PDF
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Description

This office lease clause states that the amount of the security deposit shall be increased to reflect the increase in Base Rent. The Owner shall at all times have and maintain two full months' Base Rent as security.

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FAQ

Section 83.20 provides a cause of action for removal of a commercial tenant under the following circumstances:The tenant continues in possession of the premises after expiration of the rental without the permission of the landlord;The tenant holds over without permission after default in the payment of rent provided ...

Section 83.53(1), F.S. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises. Section 83.53(2), F.S. ?The landlord may enter the dwelling unit at any time for the protection or preservation of the premises.

Also known as fixed rent. In a commercial lease context, the minimum rent due under a lease. Depending on the terms of the lease agreement, a lease with a base rent usually includes an escalation clause for taxes and operating expenses and sometimes a percentage rent clause.

Under Section 83.63, Florida Statutes, if the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant, so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises.

83.03 Termination of tenancy at will; length of notice. 83.04 Holding over after term, tenancy at sufferance, etc. 83.05 Right of possession upon default in rent; determination of right of possession in action or surrender or abandonment of premises. 83.06 Right to demand double rent upon refusal to deliver possession.

(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement.

Florida Statute 83.56 states a tenant should write to the rental unit owner or property manager outlining that you need the mold problem fixed (or other problems with the unit), and that if it is not fixed within 7 days, then you intend to terminate the rental agreement and move out.

A new amendment to Florida Statutes, which takes effect July 1, 2023, has been signed into law by the State of Florida. Chapter 83.491 provides the right for landlords to offer tenants the option to pay a fee instead of a security deposit. However, there is no obligation for landlords to offer this option to tenants.

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Florida Clause Providing for the Periodic Increase in the Tenant Security to Reflect Increases in Base Rent