Legal Question in Landlord & Tenant Law in Florida

Getting out of a Commercial Lease

I signed a lease both personally and in company name for a 10 year term for a retail shop. It was represented to me by the developer that there would be significant foot traffic for my business due to all the surrounding tennants in the same development. The development is empty except for my shop and i am losing money monthly. There is a clause in the contract that allows me to opt out after several years if my store revenue is below a certain level. I cant continue to lose money. What can I do? Would you recommend contacting the develper or his attorney to try to negotiate a buy out of my lease? I think the developer is in financial trouble and the bank could be in the process of foreclosure.


Asked on 1/26/09, 9:40 am

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

Re: Getting out of a Commercial Lease

You need to extricate yourself from that lease, and there are a number of different ways to do it. One potential method is to assert that the landlord breached the agreement first, which might afford you the opportunity to back out of the lease. You could potentially also have claims for fraud in the inducement, or other causes of action.

If you would like to discuss your options in more detail, please feel free to contact me at your convenience. My partners and I have been involved in a number of similar disputes on both sides of the issue, and we may be able to offer some assistance.

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Answered on 1/26/09, 10:21 am


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