A Florida commercial lease agreement is governed by Chapter 83, Part I of the Florida Statutes, and unlike residential leases, it gives both sides broad freedom to set their own terms.1Florida Senate. Florida Statutes Chapter 83 – Landlord and Tenant That freedom cuts both ways: nearly every obligation, from who fixes the roof to what happens with a security deposit, depends on what the written contract actually says. A short list of state rules sits on top of the contract — a mandatory radon disclosure, specific eviction notice periods, an automatic landlord’s lien, and the recent repeal of sales tax on commercial rent — but almost everything else is negotiable, and silence in the lease usually works against the tenant.
What the Lease Has to Cover
Any lease longer than one year must be in writing under Florida’s statute of frauds.2The Florida Legislature. Florida Code 689.01 – How Real Property Conveyed Oral agreements can create short-term tenancies, but any serious commercial deal should be documented. At minimum the contract has to identify the landlord and tenant by their full legal names as they appear on corporate filings or government identification, describe the property with enough specificity to avoid confusion (a street address plus a legal description or suite number is standard), and state the permitted use of the space.
The permitted use clause matters more than most tenants realize. It controls what business activities you can run on the premises, and violating it can trigger a default. Sign a lease permitting “general office use” and later try to open a restaurant, and the landlord can treat that as a breach. Negotiate this clause to cover your current business and any foreseeable expansion.
A well-drafted lease also fixes the commencement date, the total term, the renewal options and how they’re exercised, the rent amount and escalation schedule, and which party pays for insurance, taxes, and maintenance. Renewal options need particular attention. If the lease doesn’t spell out the exact process and deadline for exercising a renewal, you may lose the right entirely.
How Rent Is Structured
How rent gets calculated depends on the lease structure, and the differences are significant. Three types dominate commercial leasing in Florida:
- Triple Net (NNN). The tenant pays base rent plus property taxes, building insurance, and maintenance costs. This is the most common structure for single-tenant commercial buildings. The landlord gets a predictable income stream and the tenant absorbs all the variable costs.
- Gross Lease. The tenant pays a single flat rent that bundles in taxes, insurance, and maintenance. Payments are predictable, but the base rent is usually higher to compensate.
- Modified Gross. The parties split operating expenses by whatever formula they negotiate. A common arrangement has the tenant paying base rent plus utilities and janitorial services while the landlord covers taxes and insurance.
Every lease should state exactly what the rent includes and what gets billed separately. Vague language leads to disputes. If the lease says the tenant pays “operating expenses” without defining the term, the landlord could later include capital improvements, management fees, or other costs the tenant never anticipated.
Sales Tax on Commercial Rent Is Gone
Florida used to impose a state sales tax on commercial rent payments under § 212.031. That tax was gradually reduced over several years and was fully repealed effective October 1, 2025.3Florida Department of Revenue. Tax Information Publication 25A01-04 – Sales Tax on Commercial Rentals Repealed Effective October 1, 2025 As of 2026, no state sales tax applies to commercial rent in Florida.
This matters for drafting in two ways. Older lease templates still include tax-collection provisions tied to § 212.031, and those clauses are now obsolete. Leases signed before the repeal that required the tenant to pay “rent plus applicable sales tax” should no longer include any state sales tax component on rent payments due after September 30, 2025. If a landlord is still collecting the old tax, raise it immediately.
Required Radon Disclosure
Every Florida lease, commercial included, has to contain a specific radon warning. Under § 404.056(5), this exact language must appear at or before signing:4The Florida Legislature. Florida Code 404.056 – Environmental Radiation Standards and Projects
“RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.”
The statute prescribes the exact wording, so paraphrasing won’t satisfy it. Omitting the disclosure doesn’t void the lease, but it creates an unnecessary compliance risk. Most attorneys include it as a standard addendum or embed it in the lease body.
Maintenance, Repairs, and CAM
Florida’s commercial landlord-tenant law imposes almost no default maintenance obligations on either party. The written lease controls who repairs what.1Florida Senate. Florida Statutes Chapter 83 – Landlord and Tenant If the lease is silent on roof repairs and the roof starts leaking, you’re headed for a dispute with no clear statutory answer. This is the opposite of residential law, where the landlord has a statutory duty to maintain the premises.
The lease should explicitly assign responsibility for HVAC systems, roofing, structural components, plumbing, electrical systems, and the building exterior. In a triple net lease the tenant typically handles all of these. In a gross lease the landlord usually does. Whatever the arrangement, put it in writing with enough detail that no one has to guess who pays when an air conditioner dies.
Common Area Maintenance (CAM) charges cover shared spaces like parking lots, lobbies, elevators, and landscaping. In multi-tenant buildings each tenant pays a proportional share based on square footage relative to the total leasable space. Watch for CAM provisions that let the landlord include administrative fees, capital expenditures, or management overhead. A good lease caps annual CAM increases or limits what expenses qualify.
Security Deposits and the Landlord’s Lien
Florida’s detailed security deposit rules under § 83.49 — separate accounts, specific return timelines, itemized deductions — apply only to residential dwelling units.5The Florida Legislature. Florida Code 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant Commercial tenants get no equivalent statutory protection. The lease itself controls how much the deposit is, where the landlord holds it, whether it earns interest, and when and how the landlord returns it after the lease ends.
Because there’s no statutory safety net, negotiate the deposit terms carefully. Push for a specific deadline (30 days after lease termination is a common benchmark), a requirement that the landlord itemize any deductions, and a clear statement of what the deposit can be applied to. Without these terms, a landlord has broad discretion over your money.
Florida law also gives commercial landlords an automatic lien on a tenant’s property for unpaid rent. Under § 83.08, the lien attaches to all property the tenant usually keeps on the premises, and it takes priority over any lien placed on that property after it was brought onto the leased space.6The Florida Legislature. Florida Code 83.08 – Landlord’s Lien for Rent The landlord doesn’t need to file paperwork to create the lien; it exists by operation of law. To actually seize property, the landlord still has to go to court and file a distress for rent action under § 83.11.7Florida Senate. Florida Code Chapter 83 – Landlord and Tenant Almost nothing a commercial tenant owns is exempt from that process.
Default, Eviction, and Holdover Rent
When a commercial tenant stops paying, the landlord’s path back to possession runs through the courts. Florida does not allow commercial landlords to change the locks or shut off utilities. Under § 83.05, the right to possession after a rent default has to be obtained through legal proceedings, voluntary surrender, or abandonment.8The Florida Legislature. Florida Code 83.05 – Right of Possession Upon Default in Rent
The eviction process starts with a written notice. For nonpayment of rent the landlord must serve a three-day written notice demanding payment or surrender.9The Florida Legislature. Florida Code 83.20 – Causes for Removal of Tenants For other lease violations the notice period is 15 days, giving the tenant time to cure. If the tenant doesn’t pay or cure within the notice period, the landlord can file a removal action. The lease can modify these notice periods (longer but not shorter is typical), so check the contract before assuming the statutory minimums apply.
Tenants who stay past the lease term without the landlord’s written permission become holdover tenants, classified as tenants at sufferance under § 83.04. Paying rent after expiration does not create a new lease or renew the old one. Under § 83.06, the landlord can demand double the monthly rent for every month the tenant holds over without permission.10The Florida Legislature. Florida Code Chapter 83 – Landlord and Tenant – Nonresidential Tenancies That penalty adds up fast. If you need more time, negotiate a written extension before your lease expires.
Assignment and Subletting
No Florida statute governs whether a commercial tenant can assign a lease or sublet. It’s entirely contractual. Most commercial leases restrict or prohibit assignment and subletting without the landlord’s prior written consent. The critical question is whether the lease gives the landlord absolute discretion to refuse or requires that consent not be unreasonably withheld.
Florida courts have applied the implied covenant of good faith and fair dealing to these provisions, which means a landlord generally cannot arbitrarily reject a qualified assignee when the lease requires consent. If the lease grants absolute veto power, that provision is likely enforceable. Negotiating a “consent not to be unreasonably withheld” standard at the outset gives far more flexibility if business circumstances change.
Even when assignment is permitted, most leases keep the original tenant on the hook for rent if the new tenant defaults. Ask for a full release if you can, but understand that landlords rarely agree to one.
Signing, Witnesses, and Recording
A commercial lease longer than one year has to be in writing, but Florida does not require subscribing witnesses for leases. Section 689.01 contains an explicit exception: “no subscribing witnesses shall be required for a lease of real property or any such instrument pertaining to a lease of real property.”2The Florida Legislature. Florida Code 689.01 – How Real Property Conveyed This causes confusion because the same statute requires two witnesses for other real estate transfers like deeds. Leases are specifically carved out.
Notarization isn’t legally required for the lease itself, but it becomes necessary if you want to record a memorandum of lease with the county clerk. A memorandum of lease is a short document that puts the public on notice of the tenant’s leasehold interest without revealing the full financial terms. Recording one protects the tenant if the property is sold, refinanced, or hit with a competing claim. It’s worth the modest cost for any tenant making significant improvements or signing a long-term deal.
Recording fees are set by § 28.24. The first page costs $10.00 and each additional page costs $8.50.11Florida Senate. Florida Statutes 28.24 – Clerk of the Circuit Court; County Recorder; Fees Fees are paid to the clerk of the circuit court in the county where the property sits. A typical memorandum runs two to three pages, so expect roughly $20 to $30.
ADA Responsibility
Under Title III of the Americans with Disabilities Act, both landlord and tenant share responsibility for making commercial space accessible. The federal government can hold either party accountable for violations regardless of what the lease says. As a practical matter, the lease should specify which party bears the financial responsibility for ADA-related modifications like ramps, accessible restrooms, and doorway widths.
Tenants who sign without addressing ADA compliance sometimes discover expensive obligations after they’ve moved in. If the space needs modifications and the lease is silent, both parties face potential liability but neither has a clear contractual obligation to pay. Sort this out before signing, especially in older buildings that may not have been updated in decades.