Florida retail lease agreement template

Florida Retail Lease Agreement

This Florida Retail Lease Agreement (the “Lease”) is made and entered into as of [Date], by and between [Landlord Name], a [Landlord Entity Type, e.g., Florida Limited Liability Company], with an address at [Landlord Address] (hereinafter referred to as "Landlord"), and [Tenant Name], a [Tenant Entity Type, e.g., Florida Corporation], with an address at [Tenant Address] (hereinafter referred to as "Tenant").

Witnesseth:

In consideration of the mutual covenants and agreements contained herein, Landlord and Tenant agree as follows:

1. Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the retail premises (the "Premises") located at [Premises Street Address], in the City of [City], County of [County], State of Florida, being further described as [Legal Property Description], and comprising approximately [Square Footage] square feet of rentable area, measured according to [Measurement Standard, e.g., BOMA standard], being unit/floor number [Unit/Floor Number]. The storefront width is approximately [Storefront Width], and the ceiling height is approximately [Ceiling Height].

Option A: The Premises includes exclusive use of [Exclusive Use Area Description].

Option B: The Premises does not include any exclusive use areas.

Tenant shall have the right to use the common areas of the property, including parking areas, patios, sidewalks, loading docks, and restrooms, subject to the Landlord's rules and regulations.

Option A: Tenant shall have [Number] parking spaces allocated for their use.

Option B: Parking is on a first-come, first-served basis.

2. Use of Premises

The Premises shall be used and occupied by Tenant solely for the purpose of conducting a [Retail Type, e.g., clothing] retail business (the "Permitted Use").

Option A: Specifically allowed business activities include [Detailed List of Allowed Business Activities].

Option B: Tenant shall not conduct any business activities that are not expressly permitted by this Lease.

Use Restrictions: The Tenant shall not use the Premises for any purpose that is unlawful, creates a nuisance, or violates any applicable zoning ordinances, Florida building codes, local municipal ordinances, or other governmental regulations.

Option A: Prohibited Uses: The following uses are specifically prohibited: [List of Prohibited Uses, e.g., adult entertainment, cannabis sales].

Option B: Tenant acknowledges that the Premises is subject to exclusive use restrictions granted to other tenants in the shopping center. Specifically, Landlord may not lease other space in the Shopping Center to a tenant whose primary business is [Exclusive Retailer Use Description].

Tenant shall comply with all applicable business licensing, health, food service, and alcohol regulations.

Option A: Tenant's hours of operation shall be from [Start Time] to [End Time], [Days of the Week].

Option B: Tenant shall maintain hours consistent with other retail tenants in the shopping center and is required to be open during the shopping center's mandatory hours.

3. Term and Rent

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. The Rent Commencement Date shall be [Rent Commencement Date, may be same as Start Date or a later date].

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

Option B: Tenant shall have a right of first refusal to lease any adjacent space that becomes available during the Lease Term.

Base Rent: The base rent for the Premises shall be [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount], payable in advance on the first day of each month.

Option A: The base rent shall increase by [Percentage]% on each anniversary of the Commencement Date.

Option B: The base rent shall be adjusted annually based on the Consumer Price Index (CPI) for [CPI Area].

Rent Payment: All rent payments shall be made payable to [Payee Name] and shall be delivered to [Payment Address].

Option A: Rent payments may be made by check, money order, or electronic funds transfer (EFT).

Option B: A late charge of [Dollar Amount or Percentage]% shall be assessed on any rent payment received more than [Number] days after the due date.

Sales Tax: Tenant shall be responsible for paying all applicable Florida sales tax or surtax on rent.

Security Deposit: Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount]. The security deposit shall be held by Landlord as security for the performance of Tenant's obligations under this Lease. Landlord is not required to hold said security deposit in an interest-bearing account, unless mandated by Florida Statute. The Security Deposit will be returned to Tenant within [Number] days of termination of this lease, less any allowable expenses under Florida law.

4. Additional Payments

Percentage Rent: In addition to the base rent, Tenant shall pay Landlord percentage rent equal to [Percentage]% of Tenant's gross sales exceeding [Dollar Amount] per year.

Option A: Percentage rent shall be paid [Frequency, e.g., monthly, quarterly] along with a report of gross sales for the period.

Option B: There is no percentage rent.

Common Area Maintenance (CAM) Charges: Tenant shall pay its proportionate share of all costs and expenses incurred by Landlord in operating, maintaining, and repairing the common areas of the property (CAM Charges). Tenant's proportionate share shall be [Percentage]% of the total CAM Charges.

Option A: CAM Charges shall include, but not be limited to, landscaping, parking lot maintenance, security, and snow removal.

Option B: CAM Charges shall not include capital improvements to the property.

Property Taxes: Tenant shall pay its proportionate share of all real property taxes assessed against the property. Tenant's proportionate share shall be [Percentage]% of the total property taxes. Tenant shall have the right to protest the tax assessment, at tenant's own expense.

Insurance: Tenant shall reimburse Landlord for their proportionate share of the insurance on the building, equaling [Percentage]% of the Landlord's total insurance premiums.

Utilities: Tenant shall be responsible for paying all utilities used by the Premises.

Option A: The Premises is separately metered for [List of Utilities].

Option B: Utilities are prorated among all tenants based on square footage.

Repair and Maintenance: Landlord shall be responsible for maintaining the roof, foundation, and exterior walls of the Premises. Tenant shall be responsible for maintaining the interior of the Premises, including all fixtures and equipment. Refer to Florida Statute 83.201 for more details.

HVAC & Equipment Maintenance:

Option A: Landlord is responsible for maintaining the HVAC system and all equipment.

Option B: Tenant is responsible for maintaining the HVAC system and all equipment at its sole cost and expense.

Pest Control, Janitorial, and Trash Removal: The responsibility for pest control, janitorial services, and trash removal will be borne by the [Landlord / Tenant].

5. Tenant Improvements

Tenant shall have the right to make improvements to the Premises, subject to Landlord's prior written approval of all plans and specifications.

Option A: Landlord shall provide Tenant with a tenant improvement allowance of [Dollar Amount].

Option B: Tenant is responsible for all tenant improvements at their sole cost and expense.

All improvements shall be performed by a Florida-licensed contractor.

Tenant shall comply with all applicable building codes and regulations, including handicap accessibility/ADA requirements.

Tenant shall indemnify and hold Landlord harmless from any and all claims arising out of Tenant's improvements to the Premises.

Upon termination of this Lease, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted.

6. Signage

Tenant shall have the right to install signage on the exterior of the Premises, subject to Landlord's prior written approval of the design and location of the signage.

Option A: Tenant shall be responsible for obtaining all necessary permits for its signage.

Option B: Landlord will provide a directory sign within the main entrance to the building. Tenant's business name will be listed on the directory sign.

All signage shall comply with all applicable municipal ordinances and regulations.

Tenant shall maintain its signage in good condition and repair.

7. Insurance

Tenant shall maintain commercial general liability insurance with minimum coverage limits of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate.

Option A: Tenant shall also maintain property insurance covering Tenant's personal property and improvements to the Premises.

Option B: Tenant shall maintain business interruption insurance.

Landlord shall maintain property insurance covering the building and common areas.

All insurance policies shall name Landlord as an additional insured and shall contain a waiver of subrogation in favor of Landlord.

Tenant shall provide Landlord with certificates of insurance evidencing the required coverage.

8. Property Damage

In the event of damage to the Premises by fire, storm, or other casualty, Landlord shall repair the Premises with reasonable diligence.

Option A: Rent shall abate during the period of repair in proportion to the area of the Premises that is unusable.

Option B: If the Premises is damaged to such an extent that it cannot be repaired within [Number] days, Landlord or Tenant shall have the right to terminate this Lease.

Landlord and Tenant shall comply with all applicable hurricane preparation and evacuation policies.

Each party shall maintain insurance to cover damage to their respective property.

9. Environmental Compliance

Tenant shall comply with all applicable environmental laws and regulations.

Option A: Tenant shall not store or use any hazardous materials on the Premises without Landlord's prior written consent.

Option B: The premises are leased "as is, with all faults".

Tenant shall indemnify and hold Landlord harmless from any and all claims arising out of Tenant's violation of any environmental laws or regulations.

Landlord must disclose knowledge of radon gas, prior contamination, and lead paint (if built before 1978).

10. Assignment and Subletting

Tenant shall not assign this Lease or sublet the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld pursuant to Section 83.47 of the Florida Statutes.

Option A: Landlord's consent shall not be required for an assignment or subletting to a subsidiary or affiliate of Tenant.

Option B: A "change of control" of Tenant's business shall be deemed an assignment of this Lease.

Any assignment or subletting shall be subject to all of the terms and conditions of this Lease.

11. Default and Remedies

Events of Default: The following shall constitute events of default by Tenant: (i) failure to pay rent when due; (ii) failure to comply with any other term or condition of this Lease; (iii) abandonment of the Premises.

Notice and Cure: Landlord shall provide Tenant with written notice of any default. Tenant shall have [Number] days to cure a monetary default and [Number] days to cure a non-monetary default.

Landlord's Remedies: Upon the occurrence of an event of default, Landlord shall have the right to pursue all available remedies under Florida law, including eviction, lockout, and damages.

Attorneys' Fees: In the event of any litigation arising out of this Lease, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, pursuant to Florida Statute 83.48.

Landlord shall have a security interest in Tenant's personal property on the premises to secure payment of rent.

12. Surrender of Premises

Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in good condition and repair, reasonable wear and tear excepted.

Option A: Tenant shall remove all of its personal property and fixtures from the Premises.

Option B: Any fixtures or personal property left on the premises shall become the property of the Landlord.

Tenant shall be responsible for any costs incurred by Landlord in removing Tenant's personal property or repairing any damage to the Premises.

13. Indemnification

Tenant shall indemnify and hold Landlord harmless from any and all claims, damages, and liabilities arising out of Tenant's use of the Premises, subject to Florida public policy restrictions.

14. Quiet Enjoyment

Landlord covenants that Tenant shall have quiet enjoyment of the Premises during the term of this Lease.

15. Subordination and Attornment

This Lease shall be subordinate to any mortgage or deed of trust now or hereafter placed upon the property.

Tenant shall attorn to any successor owner of the property.

16. Estoppel Certificate

Tenant shall execute and deliver to Landlord, within [Number] days of request, an estoppel certificate confirming the terms of this Lease.

17. Dispute Resolution

This Lease shall be governed by and construed in accordance with the laws of the State of Florida.

Option A: Any dispute arising out of this Lease shall be resolved through mediation in [County Name] County, Florida.

Option B: Any dispute arising out of this Lease shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.

The parties hereby waive their right to a jury trial.

18. Hurricane and Severe Weather

Tenant shall be responsible for securing its property in the event of a hurricane or other severe weather event.

Option A: Landlord shall have the right to shut down utilities for safety purposes.

Option B: Tenant shall comply with all evacuation orders issued by local authorities.

Rent shall not abate during any period of business interruption caused by a hurricane or other severe weather event.

19. Required Disclosures and Notices

This property [does/does not] contain radon gas.

This property [has/has not] been subject to prior contamination.

This property [was/was not] built before 1978 and may contain lead paint.

20. ADA Compliance

Tenant shall be responsible for complying with all applicable provisions of the Americans with Disabilities Act (ADA) and Florida accessibility law.

21. Percentage Rent Reporting

Tenant is required to provide Landlord with a detailed report of gross sales on a [Monthly/Quarterly/Annual] basis.

Landlord reserves the right to audit Tenant's sales records to verify the accuracy of the reported gross sales.

22. Local Regulations

Tenant shall comply with all applicable municipal ordinances and regulations, including signage ordinances and parking ratios.

23. Redevelopment/Relocation

Landlord reserves the right to redevelop the shopping center and may relocate Tenant to a comparable space within the shopping center.

24. Brokerage

[Broker Name] represents the [Landlord/Tenant] in this transaction.

Landlord shall be responsible for paying the brokerage commission in accordance with a separate agreement.

25. Entire Agreement

This Lease constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

This Lease may be amended only by a writing 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.

26. Notices

All notices under this Lease shall be in writing and shall be deemed to be duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above. Electronic signatures and delivery shall be permitted in accordance with Florida law.

This Lease shall be governed by and interpreted under the Florida Statutes, especially Chapter 83 (Part I or II as appropriate), Florida real estate and property tax codes, and any applicable municipal ordinances.

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

Landlord:

[Landlord Name]

By: [Landlord Signature]

Name: [Landlord Printed Name]

Title: [Landlord Title]

Tenant:

[Tenant Name]

By: [Tenant Signature]

Name: [Tenant Printed Name]

Title: [Tenant Title]