Commercial Leasing

Florida landowners looking to lease their land for hunting purposes should keep several factors in mind.

In the July/August 2024 issue of Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise discuss the risks landlords face with exclusive use clauses and radius restrictions in commercial leases.

The 2024 Atlantic hurricane season starts June 1, with NOAA predicting higher activity. Effective planning and flexibility are essential.

Beginning June 1, 2024, Florida cuts sales tax on commercial leases from 4.5% to 2.0%, affecting payments after that date, including prepayments.

Both landlords and tenants need to consider all possible issues that could lead to disputes regarding each party’s rights and obligations when challenging property tax assessments.

Starting December 1, 2023, Florida lowers sales tax on commercial property leases from 5.5% to 4.5%, applicable to payments for occupancy periods beginning on or after that date.

Commercial landlords in Florida may expose their properties to contractor liens through tenant work. State law provides protection, yet many landlords overlook it, risking their assets.

Silence on rent in a commercial lease renewal provision leads to the extension of all terms, including the expiring rental rate, as per Certified Motors, LLC v. Aventine Hill, LLC.

Hurricane Idalia underscores the importance of assessing "force majeure" clauses in contracts, enabling relief from obligations due to hurricane-related disruptions and unforeseen events.

In triple net office leases, a "gross-up" provision helps landlords estimate operating costs at full occupancy, allowing them to charge tenants based on higher, normalized expenses.

Revised Florida statutes, effective July 1, 2023, impact landlords minimally. Property owners retain the right to designate their premises as "gun-free zones."

Billboard leases offer mutual benefits but require careful consideration of ownership, rights, advertisement type, and legal aspects for clarity and protection.

U.S. fund managers warn of issues in $5.6 trillion commercial real estate industry due to higher rates, falling prices, bank failures.

Drone use in commercial buildings aids inspections but requires adherence to FAA and state regulations. Contracts must address ownership and liabilities.

In commercial leases, cap on operating expenses (like CAM) can be cumulative/non-cumulative, impacting landlord-tenant responsibilities in cost increases.

Commercial leases often negotiate caps on controllable operating expenses. Whether cumulative or non-cumulative, these caps significantly impact expenses passed to tenants.

Florida's Internal Improvement Trust Fund owns submerged lands. Upland owners need a lease for structures.

Orange County follows Miami-Dade, halting evictions amid COVID-19. Clarity needed for commercial vs. residential cases.