In Florida, legally binding residual agreements and commercial leasing contracts share many similarities. In a leasing contract, the lessee and lessor enter into an agreement that decides what the lease terms and fees will be and also how the conditions of the lease agreement should be met, and the terms carried out by both parties. Leases may involve various spaces, property types, conditions and rent payment requirements. If you're drafting a lease agreement or considering entering into one, it's important to carefully examine the terms, conditions and clauses. When one of the parties in a leasing contract violates the terms of the agreement, a dispute may occur, which is where a Hollywood lease lawyer comes in.
If you're involved in a lease dispute, hiring an experienced landlord and tenant attorney in Hollywood early on may be your best option. David S. Tupler, P.A. has more than 30 years of experience fighting for the rights of clients in Broward County. Let us protect your assets, litigate claims and create potent documentation that can help prevent legal issues from arising in the first place.
THE HEART OF AN AGREEMENT
Florida leases may involve a variety of rental spaces, lessors and landowners. Common commercial leases usually involve shopping centers, warehouses, manufacturing facilities, land, office spaces and even cell phone towers. Lessors tend to be private proprietors, public corporations or property management firms. Tenants may be individual business owners, from multinational corporations, or from other service agencies. However, all tenant and landlord agreements share one thing: The parties have agreed that one party will compensate the other party for the use of a specified area or areas. A signed lease is a binding contractual agreement where both parties have designated responsibilities and rights.
DRAFTING AGREEMENTS PROPERLY
The details of any written contract are of the utmost importance, and vary from lease to lease. When drafting a leasing contract, there are many important factors to consider. Most commercial leases will include a description of the property to be rented, a designated payment amount, and the names of the parties involved in the lease. That can leave a lot of room for pitfalls for either party. For example, the payment timeline may not be specified, which can be problematic for both the landlord and the tenant. Additionally, property maintenance may be contested. What one party considers to be reasonable might not be agreeable to the other party. Since negotiations tend to be necessary to at least some degree with most commercial leasing agreements, having a qualified lawyer present when drafting a contract can be very helpful. Additionally, having a skilled Hollywood lease attorney on your side can put you in a stronger negotiating position when drafting a lease contract. If the other party chooses to renege on its end of the agreement, your lawyer will know exactly which subsections of your lease to reference to help you protect your rights.
THE DEVIL IS IN THE DETAILS
Leases that leave out important details can leave one or both parties open to some big problems. For example, if a lease doesn't specify the terms of a topic, and the parties end up disputing the lease in court, the leasing contract will be subject to the interpretation of the presiding judge. This is a common scenario for individuals who draft their own leases without the presence of a seasoned Hollywood landlord and tenant attorney. Alternatively, in the absence of counsel, there tend to be many provisions in a lease that are overlooked. Examples of these provisions include:
- provision for continuous operation
- obligations for repairs
- notices of service
- what constitutes a breach of the lease if a business fails
Without specific provisions, a landlord may not be obligated to make repairs to a property. Unless specified by the lease or by legal statutes, the lessor can be held responsible for maintenance or repairs.
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CLAIMS WE COMMONLY SEE
There are some common types of disputes that we see between lessors and lessees on a regular basis. Knowing what can cause disputes in a rental contract may help you avoid entering into a potentially problematic lease agreement. If you are already having problems with your lease and need to dispute certain provisions, you should retain qualified legal counsel from an experienced landlord and tenant attorney like David S. Tupler, P.A. before contacting the other party of the contract.
- unpaid rent
- non-monetary default allegations
- resistance of eviction
- deposit return requests
- breach of the covenant from continuous operations
- payments for property damages
- failure to mainten or service a property
- rental late fee disputes
- utility agreements
- insurance lapses
- entering a leased property without notice
- construction on a building
- interrupting daily operations of a business
COMMON LANDLORD CLAIMS
A lessor or landlord will usually have problems that involve the behavior of a tenant. These problems may include:
For example: If a tenant fails to pay rent for a designated period of time in Florida, the landlord will have the right to take action. However, if there isn't a specified delinquent payment clause in the lease, the landlord will probably need to hire a lawyer. Another example would be a lessor attempting to claim repayment for damages to a property that were caused by the lessee. If the lease contract doesn't specify that the lessee will be held liable for certain types of damages to the property, the lessor may need to retain legal counsel.
COMMON TENANT CLAIMS
The lessee may also have issues with the lease agreement. These usually involve problems with a property, maintenance that hasn't been carried out or frustration with their landlord, including:
For example: Let's say the tenant was verbally promised verbally by their landlord that the space they're renting is quiet and peaceful. However, a month into renting the space, the landlord begins noisy construction on the property that constantly disrupts the day to day operations of the lessee. This construction is causing legitimate disruption and now the tenant wants to discontinue renting the property from their landlord. If their rental agreement doesn't specify construction or noise levels, the lessee may need to consult a lawyer. Otherwise, there's no guarantee that they will be able to get out of their lease without being charged substantial fees.
AGREEMENT REVIEWS & OPINION LETTERS
If you have already entered into a lease agreement and now find yourself in the middle of a dispute, you're not alone. Our Hollywood lease lawyers can help you with various lease-related issues including but not limited to:
- responsibility to make repairs or improvements
- insurance coverage amounts and policy requirements
- maintaining exteriors and landscaping
- options to cancel or extend the lease
- breaches of lease conditions
LEASE DISPUTE? CALL OUR ATTORNEYS TODAY
Whether you're a landlord, a tenant or a potential tenant, the experienced Hollywood lease attorneys at David S. Tupler, P.A. can help to protect your interests in any written agreement. David S. Tupler has more than 20 years of experience protecting the rights of clients in Broward County. We can help you prevent legal problems from ever arising. If you are already in the middle of a dispute, our firm can help you resolve your landlords or tenants issues.