Legal Question in Real Estate Law in Florida

Mitigation of Damages

My wife and I own a retail store. The plaza in which we are located is poorly maintained, rundown, with a dangerously bad roof. This location has become a detriment to our ability to attract employees and customers. The good news is that we are paying below-market rent for our location. We have one and a half years left on our lease.

We would like to get out of our lease and move to a brand new center. We have heard of habitable laws and mitigation of damages in some states, but we have been unable to find similar laws in Florida. We would like to find out if these types of laws apply in Florida and how they might be beneficial to us in our attempt to get out of our lease.

Thank you.


Asked on 11/13/02, 4:06 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Mitigation of Damages

Your problem requires more than general guidance via cyberspace. You need to meet with a lawyer experienced in landlord-tenant litigation and have him/her review the lease and speak with you in detail about the facts surrounding your particular situation. Then and only then can a lawyer weigh your options and give you any meaningful legal advice or opinion. Good luck.

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Answered on 11/13/02, 6:49 pm


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