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Reasons for a commercial tenant to request lease changes to avoid eviction in Orlando.

Florida – July 30, 2022

When a business is started and operating as it is planned, there is usually no reason for commercial tenants to contact their landlord except with regard to the upkeep of the property or problems at the site.  When a rent is paid on time a landlord usually has no need to contact a commercial tenant unless there is some update that will affect their business activities. It is always best to have positive open communications between both commercial tenants and landlords to dissuade problems that may arise.  Either party should seek out legal counsel if they believe they might have issues that will not be easily resolved between the two regarding their commercial tenant agreement for an Orlando business property.

Difficulty with rent payments.

There may be valid reasons for commercial tenants to forego their usual monthly rent and still avoid eviction activity.  It is best to discuss changes and concerns with the landlord, as they may prefer helping a tenant as opposed to having to re-lease the property or hold it vacant.  They may be able to make an agreement where the tenant requests an abatement of rent for affected months or even ask to “go dark” which is shutting the doors on operations (and thus cutting operating costs) while paying a discounted rent. Common reasons why commercial tenants stop paying rent:

  • The business is experiencing financial problems.
  • Repairs were requested of the landlord and not made causing economic damages due to the impact of the disrepair on a tenant’s business operation.
  • Bankruptcy protection will be given to a business that filed bankruptcy and can prevent eviction, but the tenant must pay rent to the landlord if they reorganize and maintain the rental. Sometimes the two can come to an agreement to pay and accept partial rent until a restructure stabilizes a business entity.

Formal commercial tenant eviction actions often occur when.

  • Tenant vacates before the end of a lease, or they abandon the property.
  • Tenant is utilizing the property for a business that was not listed on the lease agreement, or they are conducting illegal business activities.
  • Tenant altered the space with unauthorized additions or repairs.
  • Tenant sublet a property without a landlord’s knowledge or permission.
  • Tenant is interfering with another tenant’s business activities.

A commercial tenant can fight an eviction action in court if it feels that the eviction is unlawful. Additionally, when a commercial tenant is behind in rent, the tenant may request an opportunity to pay the arrearage amount to stop the eviction and it may behoove both parties to engage in this type of agreement.   An experienced business law attorney can guide actions between commercial tenants and landlords after reviewing their lease agreement and understanding the problems that are causing the payment terms of the lease to be in default.

Negotiating temporary or permanent changes to lease.

There are several issues that must be addressed in adjustments to a commercial lease agreement such as:

  1. Changes to the beginning and end date of the lease,
  2. If there is any additional rent or deposit required and how much that will be,
  3. Repairs and who will be responsible for them,
  4. Loss and damage and who will be responsible for that,
  5. The business use of the property,
  6. Insurance for contents and for damage caused to landlord interests, and
  7. Necessary steps to address the rent problem at hand and how to avoid eviction with a reasonable arrangement between parties.

A business law attorney can review the original commercial lease agreement and draft an adjusted commercial lease agreement if both parties agree to avoid any conflicts by utilizing all legal avenues that may cure the problem.  Attorneys at Legal Counsel, P.A. will answer pointed legal questions and review necessary documents to determine if it is prudent for both parties to make formal changes to an existing commercial lease agreement in Florida so that a commercial tenant may continue to operate a business in a consistent location and a landlord will be able to collect his rent payment.

Legal Counsel, P.A.

189 S. Orange Ave., Ste. 1800
Orlando, Florida  32801

Phone: 407-982-4321

Sources.

  1. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)
  2. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)
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