Legal Question in Landlord & Tenant Law in Florida

commercial landlord/tenant

my commercial tenant left with 6 mos on a 3 year lease and not b/c he went out of business, he bought his own property here in town. Can I collect the remaining 5 mos on the lease (i have shown the property now for 5 mos and no takers) and he notified me on the day he left, he had several months notice when he purchased his own building bet withheld the notice knowing full well I could not have a replacement tenant on the day he vacated which is the day I was notified. Isnt that punitive when you knowingly cause another injuiry? my injuriy was lost rent for the month that I could not possibly have another renter lined up on 0 days notice


Asked on 1/02/09, 12:46 pm

1 Answer from Attorneys
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: commercial landlord/tenant

You likely have a cause of action against your former tenant for the loss of rent for the balance of the lease. The law requires that you make reasonable efforts to mitigate your damages, which in this case would require that you attempt to find another lessee. However, if you make a diligent effort but cannot find a new tenant, the former tenant will remain liable for the balance due.

I and the other attorneys in my firm have experience in contract matters such as this. It is a fairly straight forward breach of contract case.

I would welcome the opportunity to discuss your claims with you in greater detail. Please contact me at your convenience.

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Answered on 1/02/09, 12:58 pm


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