G S.S ,E - GrayRobinson（G S。）.pdf

COMMERCIAL LANDLORD-TENANT LAW IN FLORIDA By GARY S. SALZMAN, ESQ. GRAY|ROBINSON, P.A. 301 EAST PINE STREET, SUITE 1400 ORLANDO FL 32801 TEL: 407-843-8880 FAX : 407-244-5690 EMAIL: ary.salzman@ ©2009 GrayRobinson, P.A. These materials may be considered advertising under the rules regulating the legal profession. (I) TERMINATION OF COMMERCIAL LEASES A. Grounds for termination. Termination or forfeiture of a commercial leasehold is legally justified where there is a breach of a material covenant or condition of the lease or a violation of applicable law authorizing termination. Although there are numerous grounds to terminate a commercial lease, they generally fall within two categories: monetary and non-monetary grounds. 1. Monetary grounds for termination. A monetary basis to terminate a lease occurs where a party, usually the tenant, fails to meet a financial obligation due the other party, usually the landlord, under the lease or applicable law. In addition to a tenant’s failure to pay rent when due, other monetary grounds for termination would include a tenant’s failure to pay its portion of common area maintenance, taxes or the costs of repairs or improvements for the demised premises. Florida courts typically uphold a landlord’s termination of a lease based upon monetary grounds, provided however, that the requisite notice has been served and the time to cure has expired. 2. Non-monetary grounds for termination. Non-monetary grounds for termination of a lease are more problematic and are disf