At Berlin-Patten, a significant portion of our practice is dedicated to negotiating and preparing both residential and commercial lease agreements for our clients.
A common issue that we come across involves clients that enter into form lease agreements that they find online. While we understand how easy it is to google the term “Florida lease agreement,” the form lease agreements provided online often lack clarity with respect to significant legal terms. Believe it or not, this often leads to landlord/tenant disputes which inevitably result in costly and unnecessary litigation.
The most common issues we see in both commercial and residential lease agreements include but are not limited to the following:
- Ambiguous language regarding rent terms (both commercial and residential);
- Failure to include statutory language regarding security deposits (residential);
- Condition of the premises upon the commencement of the lease term (both commercial and residential);
- Type and amount of insurance required (both commercial and residential);
- Maintenance and repair provisions (both commercial and residential);
- Notice and cure periods not properly defined (both commercial and residential);
- CAM expenses and prorations (commercial);
- Terms of renewal options (both commercial and residential);
- Build-out time frames, expenses and expectations (commercial);
- Relocation clauses (commercial);
- Prohibition on assignment and subletting (both commercial and residential); and
- Lease option provisions failing to clearly provide the terms and conditions of the option (both commercial and residential).
A poorly drafted lease agreement oftentimes results in an unnecessarily costly eviction process that could have been avoided. Given the complexity involved in both commercial and residential lease agreements, we find that it is more beneficial (and less costly) to consult with your local real estate attorney prior to executing any lease agreement.
This communication is not intended to establish an attorney client relationship, and to the extent anything contained herein could be construed as legal advice or guidance, you are strongly encouraged to consult with your own attorney before relying upon any information contained herein.
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