A landlord and a tenant are equal parties when they enter into a landlord-tenant relationship. While disputes may arise, a well drafted lease minimizes the misunderstandings and facilitates a quicker dispute resolution. In Florida, Florida Statute 83 governs landlord-tenant law, with Statutes 83.001 through 83.251 focusing on Nonresidential Tenancies , and Statutes 83.40 through 83.62 focusing on Residential Tenancies.
A lease is an agreement between the landlord and the tenant to rent a piece of property. A lease can be both oral or written. While both types of leases are binding contracts, a written lease is the preferred format when renting property because it sets forth all the terms of what the parties have agreed upon, in writing, and allows for fewer misunderstandings since the terms are memorialized in writing for both parties to review. Many times a standard lease is all that is needed for the renting of a property, but there are situations where specific issues need to be address (such as a triple net lease, where the tenant agrees to pay taxes, insurance and maintenance in addition to rent). Our office handles both commercial and residential leases, and can customize any type of provisions that might need to be addressed.