Legal Question in Business Law in Florida
Hello. I have a question with regards to a Florida business owner wanting to break a lease agreement with the plaza owner due to having been robbed at gunpoint at the store and no longer feeling safe about continuing to maintain the business at the place. If the lease comprises of a three-year contract with no clause that would prohibit termination due to crime, would it be possible for the business owner to break the lease with the plaza owner (due to fear of life)? (Additional information that might be relevant is that one year has already elapsed of the three-year contract and the robbery happened recently and warranted a police investigation though no suspects were apprehended.) Moreover, please answer as to under what circumstances does Florida law allow a business owner to break lease without any punitive measures being brought against the business owner? Also, please give any details or insight that would be relevant to the case.
Your expertise, time, and consideration is much appreciated. Thank you.
agreement of breaking a lease
2 Answers from Attorneys
Being robbed, unfortunately, is a risk of life. A careful review of the lease is required. It is very likely the lease allows for termination in this event, but the effect of all provisions must be considered. If the lease is wrongfully terminated, you would have a cause of action against the tenant. These kinds of cases are highly fact dependent so you should have an attorney in your area review the lease and then comment specifically.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
As pointed out by attorney Murphy, a review of the lease is critical. However, it is unlikely that being robbed is an event that would allow you to break the lease. To your other question, there would have to be a non-curable breach by the Landlord for you to be able to 'break' the lease.
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