Legal Question in Landlord & Tenant Law in Florida

Commercial Lease

I am under a Commerical Lease with Option to Purchase in 3 years. Our Lease states that the Lessor is responsbile for repairs and maintenance on the building. We currently lease out office space in this building to other tenants. Lessor is stating that we are using our Option by renting out space and therefore is not responsible for the maintenance and repairs. Our lease does give us the ability to sublet these office spaces. Can they withhold from the maintenance and repairs?


Asked on 8/08/07, 8:58 am

3 Answers from Attorneys

Michael Stewart Michael D. Stewart

Re: Commercial Lease

Have someone review the agreement for you for the exact lanaguage and interpretation, and give you an opinion letter. You can then clarify with the Lessor whether what is happening is allowed.

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Answered on 8/08/07, 9:21 am
Philip Friedman Bonifield, Friedman & Leifer, P.A.

Re: Commercial Lease

This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A review of the complete lease is required for the best answer, and then you can discuss options that are practical and politically palatable. I would be happy to review and consult at no charge.

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Answered on 8/08/07, 10:21 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Commercial Lease

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A lease is a binding agreement between the parties. The terms of the lease are controlling. It does not sound like the landlord is correct based on the facts you have provided, but it would require a thorough review of the entirety of the lease for a lawyer to give you an opinion. You should consult an attorney to review the lease and advise you of your legal rights and obligations.

Scott R. Jay, Esq.

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Answered on 8/08/07, 2:08 pm


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