Not every Commercial Landlord/Tenant Relationship goes smoothly. This could be due to several factors. However, just because problems occur, a Commercial Tenant does not have absolute authority to withhold rent. While a Landlord may fail to maintain or repair violations, a Tenant must follow 83.201 if they choose to withhold. If you have questions about a Florida Commercial Tenant’s Right to Withhold Rent, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Explaining A Florida Commercial Tenant’s Right to Withhold Rent
If the Lease states that they must repair specific aspects of the property and they fail to do so, the Tenant can withhold rent. However, they must follow procedure. To be able to withhold rent, they must give them at least twenty days notice to make the repairs or maintenance. In addition, it must state that that they will be withholding rent for the next rental period and the time thereafter until it has been completed. Further, the Premises must be completely unusable.
If the Lease provides for more than 20 days, then it overrides the Statute. Once the repairs are completed, they are required to pay the amount of withheld rent. However, if they fail to complete it, they can enter into a written agreement giving them additional time. If they choose not to, the Tenant can abandon the property. In addition, they can retain the amount of withheld rent, terminate the lease, and avoid termination charges.
What Happens if a Commercial Tenant fails to Comply with 83.201?
It is without question that not all Landlords maintain the premises. However, if the Tenant is going to withhold rent, they must give notice that the property is unusable. If they fail to properly withhold rent, the Landlord can commence an Eviction. During the case, the Tenant may try to use this as a defense but will be unsuccessful. Therefore, knowledge of a Commercial Tenant’s Rights are essential.
While it may be frustrating that a Landlord that fails to maintain the property, compliance is required. Therefore, if you have questions about a Florida Commercial Tenant’s Right to Withhold Rent, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
