Commercial Leases

Signing a commercial lease is one of the most significant financial commitments a business owner makes. Unlike a residential lease, commercial leases in Florida are largely unregulated — there is no standard form, no automatic tenant protections, and no cooling-off period after you sign. The landlord’s attorney drafted that document. It was written to protect the landlord.

Commercial leases are long, dense, and full of terms that look standard but are not always favorable. Personal guarantee clauses can make you individually responsible for the full remaining term of the lease if your business closes or cannot pay. Rent escalation provisions can significantly increase your occupancy costs over time. CAM charges — common area maintenance fees — can be structured in ways that are difficult to predict and expensive to dispute. Assignment and subletting restrictions can limit your ability to sell or transfer your business. Exclusivity clauses, or the absence of them, can affect whether a competitor moves into the same shopping center or building.

Close-up of a commercial property site plan being reviewed for a South Florida lease agreement
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Having a transactional attorney review a commercial lease before you sign does not mean the deal will fall apart or that the landlord will walk away. It means you understand what you are agreeing to. In many cases, terms that appear fixed are negotiable — tenant improvement allowances, free rent periods, renewal options, and personal guarantee carve-outs are all areas where tenants can and do push back. Even when a term cannot be changed, knowing it exists allows you to plan for it. If you are opening a new location, relocating, or renewing an existing lease, a review before you sign is one of the least expensive and most valuable steps you can take.

Related FAQs

What should I look for before signing a commercial lease?

Key areas to review include personal guarantee clauses, rent escalation provisions, common area maintenance (CAM) charges, assignment restrictions, renewal options, and what happens if the business closes or needs to relocate. Commercial leases in Florida are largely unregulated and are drafted to protect the landlord — review before signing, not after.

Do non-compete agreements hold up in Florida?

Florida has a statute that permits non-compete agreements when they meet specific requirements, including protecting a legitimate business interest and being reasonable in scope, duration, and geography. Whether a specific agreement is enforceable depends on how it is drafted and the facts of the situation.