Florida office lease agreement template

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How Florida office lease agreement Differ from Other States

  1. Florida law requires specific disclosure of Radon Gas hazards in office leases, which is not mandatory in many other states.

  2. Florida does not set statutory limits on security deposits for commercial leases, while some states impose restrictions or deadlines.

  3. Eviction procedures and notice periods for commercial tenants in Florida differ significantly from states with more tenant-friendly laws.

Frequently Asked Questions (FAQ)

  • Q: Is a written agreement mandatory for Florida office leases?

    A: Written agreements are not legally required for leases under one year, but providing a written contract is highly recommended.

  • Q: Are landlords required to provide disclosures in Florida office leases?

    A: Yes, landlords must include specific disclosures such as the Radon Gas warning as mandated by Florida law.

  • Q: How much security deposit can be required for office leases in Florida?

    A: There are no statutory limits on security deposits for commercial leases in Florida; terms should be stated in the lease.

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Florida Office Lease Agreement

This Office Lease Agreement (the “Agreement”) is made and entered into as of [Date], by and between [Landlord Name], a [State] [Entity Type], whose address is [Landlord Address] (“Landlord”), and [Tenant Name], a [State] [Entity Type], whose address is [Tenant Address] (“Tenant”).

Premises:

Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises (the “Premises”) located at [Property Address], specifically suite/floor number [Suite Number], containing approximately [Rentable Square Footage] rentable square feet and [Usable Square Footage] usable square feet as outlined in the attached floor plan (Exhibit A). Legal Description: [Legal Description].

Option B: The Premises also includes [Number] designated parking spaces, identified as spaces [Parking Space Numbers], and [Storage Area Description].

Use of Premises:

Option A: The Premises shall be used solely for general office purposes and related activities, and for no other purpose.

Option B: Tenant shall not use the Premises for retail, residential, or industrial activities. Tenant shall not sublease or assign this Lease without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. The Tenant shall comply with all applicable zoning laws, Florida building codes, ADA accessibility standards, DOH regulations, and local city ordinances for office use.

Lease Term:

Option A: The term of this Lease shall commence on [Start Date] (the “Commencement Date”) and shall expire on [End Date] (the “Expiration Date”), unless sooner terminated as provided herein.

Option B: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term] each, provided Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the Expiration Date.

Option C: If Tenant remains in possession of the Premises after the Expiration Date without Landlord's express written consent, such holdover shall be construed as a tenancy at sufferance on a month-to-month basis, subject to a monthly rent equal to [Percentage]% of the then-current monthly rent.

Rent:

Option A: The base rent for the Premises shall be [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount], due on the [Day] day of each month, in advance, commencing on the Commencement Date.

Option B: The base rent shall increase annually by [Percentage]%, commencing on [Date]. Alternatively, the base rent shall be adjusted annually based on the Consumer Price Index (CPI) for [CPI Area], as published by the U.S. Department of Labor, with a cap of [Percentage]% per year.

Option C: Rent shall be payable by [Payment Method] to Landlord at [Payment Address]. Rent for any partial month shall be prorated on a per diem basis based on a [Number]-day month. A late fee of [Dollar Amount] shall be charged for any payment received more than [Number] days after the due date. A fee of [Dollar Amount] will be charged for any returned check. Florida sales tax, as required by Florida Statute, shall be added to all rental payments and remitted by the Landlord to the State of Florida.

Security Deposit:

Option A: Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount], which shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease.

Option B: Landlord may deduct from the security deposit any amounts necessary to repair damage to the Premises caused by Tenant, excluding ordinary wear and tear, or to compensate Landlord for Tenant’s failure to perform its obligations under this Lease.

Option C: The security deposit, less any deductions, shall be returned to Tenant within [Number] days after the termination of this Lease and Tenant’s surrender of the Premises, as required by Florida Statute Section 83.49. Landlord shall provide Tenant with written notice of Landlord's mailing address within 30 days of receipt of the security deposit.

Operating Expenses:

Option A: In addition to the base rent, Tenant shall be responsible for its proportionate share of the building’s operating expenses (“CAM Charges”), including but not limited to real estate taxes, property insurance, common area maintenance, and utilities. Tenant’s proportionate share shall be [Percentage]% of the total building operating expenses.

Option B: Tenant shall pay directly for the following utilities: [List of Utilities]. Landlord shall provide and maintain air conditioning during normal business hours, defined as [Start Time] to [End Time], Monday through Friday, excluding holidays. After-hours HVAC service shall be provided at Tenant’s expense, subject to [Hourly Rate] per hour, with a minimum charge of [Number] hours.

Option C: Landlord shall provide Tenant with an annual operating expense budget and a reconciliation of actual expenses to the budget within [Number] days after the end of each calendar year.

Building Services and Amenities:

Option A: Landlord shall provide the following building services and amenities: lobby access, elevators, common area restrooms, security services [Security Service Details], and access to the building's internet/data infrastructure [Internet Details].

Option B: Tenant shall have access to the building’s conference/meeting rooms, subject to availability and Landlord’s reservation policy. The conference room schedule is [Conference Room Schedule Details].

Tenant Improvements and Alterations:

Option A: Tenant shall not make any alterations, improvements, or additions to the Premises without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned, or delayed.

Option B: Any alterations must be performed by licensed and insured contractors approved by Landlord. Tenant shall obtain all necessary permits and comply with all applicable building codes and regulations.

Option C: At the termination of this Lease, Tenant shall remove any tenant-specific fixtures or finishes and restore the Premises to its original condition, unless otherwise agreed in writing by Landlord.

Repair and Maintenance:

Option A: Landlord shall maintain the structure, roof, and common areas of the building in good repair and condition.

Option B: Tenant shall maintain the interior of the Premises, including lighting, doors, glass, and any specialty equipment, in good repair and condition.

Option C: If either party fails to perform its repair obligations, the other party may provide written notice and, if the failure is not cured within [Number] days, may perform the repairs and recover the cost thereof from the defaulting party.

Signage:

Option A: Tenant shall have the right to install signage on the Premises in accordance with Landlord’s signage policy and applicable local ordinances. Signage must comply with the restrictions outlined in Exhibit B.

Entry and Inspection:

Option A: Landlord shall have the right to enter the Premises at reasonable times for inspection, maintenance, or repair, upon providing Tenant with at least [Number] hours’ notice, except in cases of emergency.

Insurance:

Option A: Tenant shall maintain general liability insurance with minimum limits of [Dollar Amount] per occurrence and property/all-risk insurance covering Tenant’s personal property and improvements in the Premises.

Option B: Landlord shall maintain property insurance covering the building. Both parties shall name each other as additional insureds on their respective policies. Tenant shall provide Landlord with certificates of insurance evidencing compliance with these requirements. Tenant is also required to maintain worker’s compensation insurance as required by Florida law.

Casualty and Condemnation:

Option A: If the Premises are damaged by fire or other casualty, Tenant shall give prompt notice to Landlord. Landlord shall have the obligation to restore the Premises, provided such restoration can be completed within [Number] days. If the Premises are substantially damaged and cannot be restored within [Number] days, either party may terminate this Lease.

Option B: If the entire Premises or a substantial portion thereof is taken by eminent domain, this Lease shall terminate.

Compliance with Laws:

Option A: Tenant shall comply with all applicable fire prevention and emergency evacuation procedures. Tenant must cooperate with Landlord in fire drills and disaster preparedness.

Move-In and Move-Out:

Option A: Tenant shall conduct a joint move-in inspection with Landlord and complete a condition report within [Number] days of the Commencement Date.

Option B: Upon termination of this Lease, Tenant shall remove all of its personal property and leave the Premises in broom-clean condition. Tenant shall decommission all IT/network cabling and return all keys/cards to Landlord.

Assignment and Subletting:

Option A: Tenant shall not assign this Lease or sublet the Premises without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned, or delayed.

Default and Termination:

Option A: If Tenant fails to pay rent when due or otherwise breaches this Lease, Landlord may provide Tenant with written notice of default and, if the default is not cured within [Number] days, Landlord may terminate this Lease and pursue all available remedies under Florida law. Florida law provides that the Landlord has a duty to mitigate their damages in event of a breach of this lease by the Tenant.

Dispute Resolution:

Option A: Any dispute arising out of or relating to this Lease shall be resolved through negotiation, followed by non-binding mediation. If mediation is unsuccessful, the dispute shall be resolved by litigation in the courts of [County] County, Florida. This Lease shall be governed by and construed in accordance with the laws of the State of Florida.

Compliance with Florida Statutes:

Option A: This Lease is subject to all applicable Florida statutes, including but not limited to anti-discrimination laws, mold prevention and disclosure requirements, and radon gas disclosures (Florida Statute 404.056). Landlord shall provide Tenant with any required environmental or hazardous materials notifications.

Indemnification and Limitation of Liability:

Option A: Tenant shall indemnify and hold Landlord harmless from any and all claims, losses, damages, and liabilities arising out of Tenant’s use of the Premises, except to the extent caused by Landlord’s negligence or willful misconduct. Landlord shall indemnify and hold Tenant harmless from any claims, losses, damages, and liabilities arising out of Landlord's negligence or willful misconduct.

Notices:

Option A: All notices under this Lease shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier to the addresses set forth above. Electronic notifications are acceptable when specifically permitted by the addressee.

Representations and Warranties:

Option A: Landlord and Tenant each represent and warrant that they have the full right, power, and authority to enter into this Lease.

Estoppel Certificate:

Option A: Tenant agrees to execute and deliver to Landlord, within [Number] days of request, an estoppel certificate confirming the terms of this Lease and certifying any other matters reasonably requested by Landlord.

SNDA (Subordination, Non-Disturbance, and Attornment):

Option A: This Lease is subject and subordinate to any mortgages or deeds of trust now or hereafter affecting the Premises. Landlord shall use commercially reasonable efforts to obtain a subordination, non-disturbance, and attornment agreement (SNDA) from any existing or future lender.

Property Taxes and Special Assessments:

Option A: Tenant shall pay its proportionate share of any increases in property taxes or special assessments levied against the building during the term of this Lease.

CAM/Operating Expense Reconciliation:

Option A: Landlord shall provide Tenant with documentation supporting the calculation of CAM Charges. Tenant shall have the right to audit Landlord’s records relating to CAM Charges, subject to reasonable notice and at Tenant’s expense, as per Florida statutes.

Building Rules and Regulations:

Option A: Tenant shall comply with the building rules and regulations attached hereto as Exhibit C. Landlord reserves the right to modify the rules and regulations, provided such modifications are reasonable and consistent with the use of the building as an office building.

Entire Agreement; No Oral Modification; Severability:

Option A: This Lease constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof. This Lease may not be modified except by a written instrument signed by both parties. If any provision of this Lease is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Brokerage Commissions and Legal Fees:

Option A: [Party Responsible] shall be responsible for the payment of any brokerage commissions incurred in connection with this Lease. In the event of any dispute arising out of or relating to this Lease, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

Adjustment of Terms:

Option A: All terms of this Lease shall be adjusted as necessary to accommodate the actual layout of the Premises, Tenant’s business operations, and any property-specific features, in compliance with best practices and prevailing Florida office lease standards.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Landlord Name]

By: [Landlord Signature]

Name: [Landlord Printed Name]

Title: [Landlord Title]

[Tenant Name]

By: [Tenant Signature]

Name: [Tenant Printed Name]

Title: [Tenant Title]

Exhibits:

Exhibit A: Floor Plan

Exhibit B: Signage Policy

Exhibit C: Building Rules and Regulations

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