The Florida Legislature has enacted a set of laws which
closely regulate the conduct and rights of both commercial
and residential landlords and tenants. All landlord-tenant
matters involve leases, which are contracts containing
provisions that either track those laws or add to them
in some way. Nonetheless, it is almost never permissible
for a landlord to evict a tenant or terminate a lease without
giving a reason and ample notice, or an opportunity to
cure a problem or default. It is also rarely permissible
for a tenant to stop paying rent or common expenses without
justification and notice to the landlord, who must then
be given a similar opportunity to cure the problem and
make things right. Florida law and most leases provide
an opportunity for landlords and tenants to resolve their
differences before heading into court. Many even
contain mediation and arbitration provisions for that purpose.
Landlord-Tenant is a maze of intersecting rights and obligations.
Thorough legal research and contract analysis is necessary
to determine if, for example, a landlord has the obligation
to maintain certain portions of the premises, or whether
a tenant has the right to construct improvements for business
in the space, with or without the landlord’s consent.
Timing is often everything in these cases, so it is most
important to select a lawyer who knows where to look and
how to proceed quickly and correctly.
I have represented numerous commercial and residential
landlords and tenants, in all kinds of cases involving
many different lease provisions which, in turn, are always
covered by the umbrella of Florida law. I know the ins
and outs of landlord-tenant, whatever the facts and circumstances.
Ned Kimmelman, PA | 4755 Technology Way, Suite 203 | Boca Raton,
Florida 33431 | Tel: 561.488.2020 | Fax:
561.488.9955
