Commercial lease disputes, handled with a clear plan

A commercial lease dispute is a disagreement between a business tenant and a landlord about what a non-residential lease requires and how it is being carried out. If you face a default notice, an unexpected charge, or a fight over repairs, a commercial lease dispute attorney in Miami-Dade can review the lease and the notices before you respond. KEW Legal serves business owners and investors in Coral Gables, Sunny Isles Beach, and across South Florida, including owners who live outside Florida.

What a Commercial Lease Dispute Covers and Who It Is For

A commercial lease dispute involves office, retail, warehouse, or other non-residential space. It usually starts when the tenant and landlord read the same lease terms in different ways.

This matter often involves:

• Retail, office, and warehouse tenants
• Small business owners paying rent and operating charges
• Property investors who own Miami-Dade space
• Owners who live abroad and manage their property from another country

Florida treats these leases differently from home rentals. Part I of Chapter 83 of the Florida Statutes applies to nonresidential tenancies and to all tenancies not governed by Part II (Fla. Stat. § 83.001). A business should not assume residential rules apply.

KEW Legal focuses on business law for owners and investors across Miami-Dade and South Florida.

Disputes We Handle: Rent, Operating Charges, Repairs, and Lease Default

Most commercial lease disputes fall into four groups: rent, operating charges, repairs, and default. Each one turns on the exact words in the lease.

• Rent: disagreements over the amount owed, late charges, and rent increases written into the lease.
• Operating charges (CAM): common area maintenance (CAM) charges for shared costs such as taxes, insurance, and common areas. A tenant may ask for the records the lease allows it to review.
• Repairs: who pays for the roof, air conditioning, structure, and build-out work under the lease. A written repair demand creates a clear record.
• Default and cure: whether a default notice is valid, how long the cure period runs, and what waiver language means.
• Amendments and consent: unclear clauses, assignment or sublease consent, and renewal or option terms that have become contested.

Some problems start at signing. Florida allows rescission for mutual mistake of fact only if the mistake is mutual and the fact is of the essence of the contract (Waterside at Boynton Homeowners’ Ass’n v. Southern Homes of Palm Beach). A scrivener’s error, where the written lease says something other than what the parties agreed, is one kind of mutual mistake. Florida courts also require both procedural and substantive unconscionability before refusing to enforce a contract term (Basulto v. Hialeah Automotive).

How the Process Works, Step by Step

A typical dispute starts with a document review. It then moves to a written response and negotiation before any court step.

1. Consultation. The lawyer reviews the lease, the notices, and your correspondence.
2. Written review. You receive a written view of the lease terms, the key deadlines, and the strong and weak points on each side.
3. Early response. This may include a demand letter, a response to a notice, or a proposed payment plan or repair schedule.
4. Negotiation or mediation. The goal is a settlement, a lease amendment, or an agreed exit, all put in writing.
5. Court action. If talks fail, a lawsuit or commercial eviction case may be filed in the proper Florida court. Each step is explained before it happens.

Timelines vary with the lease, the notices already served, and how the other side responds. A lawyer can explain the expected steps in plain terms.

Rent matters a great deal once a court case starts. In a landlord’s action that includes a claim for possession, the tenant must pay into the court registry the amount alleged as unpaid (or, if that amount is contested, the amount the court determines) plus rent accruing during the case, when due, unless the tenant has interposed the defense of payment or satisfaction of the rent in the amount the complaint alleges as unpaid (Fla. Stat. § 83.232). Failure to pay as ordered is deemed an absolute waiver of the tenant’s defenses.

Commercial Eviction for Landlords, Including Owners Who Live Abroad

A landlord can recover possession of commercial space only through a court action, a surrender, or an abandonment (Fla. Stat. § 83.05). Self-help steps, such as changing the locks, are not the path the statute describes.

Key notice rules for landlords:

• Unpaid rent: after a default in rent, the landlord may serve 3 days’ written notice requiring payment or possession (Fla. Stat. § 83.20).
• Other breaches: where the lease is silent, or the tenancy is oral at will, a material non-rent breach calls for 15 days’ written notice to cure or surrender. The notice may give a longer cure period (same statute).
• Holdover: a tenant who stays after a written lease ends, without a written renewal, is a tenant at sufferance (Fla. Stat. § 83.04). A landlord may also demand double the monthly rent from a tenant who refuses to give up possession of the premises at the end of the tenant’s lease (Fla. Stat. § 83.06).
• Court: the county court has exclusive jurisdiction over possession cases, unless the amount in controversy exceeds county court limits or the circuit court otherwise has jurisdiction as provided in s. 26.012 (Fla. Stat. § 34.011).

Owners who live abroad face extra distance. The firm can act as outside counsel, communicate with the owner in writing at each stage, and keep the file in one place. Accepting payments without a written plan can complicate the record, so review the lease before acting.

Tenants facing eviction should review the notice right away, count the days to respond, and look at cure or payment options before a filing.

Why Businesses Work With KEW Legal

KEW Legal focuses on business law for owners and investors. That includes commercial leases, partnership and vendor disputes, and business transactions.

• Kristina E. Wilson is the responsible lawyer for this page. Natalie Martinez is also one of the firm’s lawyers. Our team of assistants and office staff supports matter management.
• The firm has offices in Coral Gables and Sunny Isles Beach. It serves Miami-Dade, Broward County, and nearby South Florida markets.
• Businesses can use the firm for one lease dispute or keep it as ongoing outside general counsel for leases, vendors, and employment questions.
• Options and next steps are put in writing, so you can decide with the facts in hand.

Frequently Asked Questions About Commercial Lease Disputes

Talk Through Your Lease Dispute With KEW Legal

If a default notice, an unexpected CAM bill, or a repair fight is hurting your business’s cash flow, you don’t have to sort it out alone. Share the lease and your correspondence with KEW Legal so the next step is clear. Call 305-990-2300 or contact KEW Legal to set up a consultation. Outcomes depend on the lease and the facts, and no result is promised.