florida assignment of lease

Assignment and Assumption of Leases (Commercial Real Estate Purchase and Sale) (FL) | Practical Law

Assignment and Assumption of Leases (Commercial Real Estate Purchase and Sale) (FL)

Practical law standard document w-003-6967  (approx. 12 pages).

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When your tenant wants to assign your commercial lease – what landlords need to know before withholding consent.

January 07, 2020

Many commercial real estate landlords would be surprised to learn that, under Florida common law, a tenant has the right to assign a lease without the landlord’s consent.  That right derives from the principle that the law generally favors free alienation of property.  

This common law right can, however, lawfully be restricted or eliminated by contract, and indeed, most landlords today include an express provision in their lease agreements prohibiting any assignment or subletting without the landlord’s prior written consent.  

Most such assignment provisions include language stating that the landlord’s consent will “not be unreasonably withheld.”  But what does that mean, exactly? 

According to at least one appellate court in Florida, it means a landlord cannot deny consent because it wishes to enter into an entirely new lease with the proposed subtenant or assignee to charge a higher rent than originally contracted.   See Fernandez v. Vazquez , 397 So.2d 1171, 1174 (Fla. 3d DCA 1981).  That’s because in every contract there is an implied covenant of good faith and fair dealing.  Lease agreements are, of course, contracts, which means this principle applies to them, too.  Thus, along with a denial based on the landlord’s desire to charge a higher rent than contracted for in the original lease, denying consent to an assignment because of personal taste, convenience or sensibility are considered arbitrary reasons that fail the tests of good faith and reasonableness under commercial leases.   See id.

Most importantly, however, a withholding of consent to assign a lease that fails the tests for good faith and commercial reasonableness constitutes a breach of the lease agreement that could put a landlord in the position of being sued by the tenant.   See id.   Courts have held a landlord’s refusal to consent to an assignment of the lease to a tenant who is acceptable by reasonable commercial standards to be an unreasonable exercise and thus violative of the lease.   Id.  

Some factors the jury will consider in applying the standards of good faith and commercial reasonableness—and thus, some factors a landlord should weigh in making its decision—include: 

(a) the financial responsibility of the proposed subtenant or assignee;

(b) the “identity” or “business character” of the subtenant or assignee (such as the proposed subtenant or assignee’s suitability for a particular building); 

(c) the need for alteration of the premises;

(d) the legality of the subtenant or assignee proposed use of the premises; and

(e) the nature of the occupancy (that is, whether it’s an office, factory, clinic, etc.). 

Id.  

Landlords most often encounter assignment requests when a commercial tenant wants to sell its business.  If this issue arises in your commercial real estate business and you’re considering withholding consent, be sure to check the particular assignment provision in your lease first and then consult with a lawyer.  

The AV-rated attorneys at Chane Socarras regularly handle real estate and commercial landlord/tenant disputes and litigation. For more information on this or other topics related to commercial landlord-tenant law,  click here to contact the business litigation firm of Chane Socarras, PLLC or call us at (561) 309-3190.

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Q&A – Commercial Real Estate Leasing – Assignment, Financing, and Transfers

Q.  DESCRIBE ANY LAWS ALLOWING THE TENANT TO ASSIGN ITS LEASE, OR SUBLEASE ITS PREMISES, WITHOUT THE LANDLORD’S CONSENT. IS A REASONABLENESS STANDARD IMPLIED WHEN THE LEASE IS SILENT ON WHETHER THE LANDLORD’S CONSENT TO AN ASSIGNMENT OR SUBLEASE MAY BE REASONABLY OR UNREASONABLY WITHHELD?

Under Florida law, the tenant may assign its lease or sublease its premises without the landlord’s consent if the lease is silent on assignments and subleases ( Frissell v. Nichols , 114 So. 431, 434 (Fla. 1927)). If a lease requires the landlord’s consent to an assignment but is silent on the standard for the landlord’s consent, then an implied term is that landlord’s consent will not be unreasonably withheld and is subject to an implied covenant of good faith ( Fernandez v. Vazquez , 397 So. 2d 1171, 1174 (Fla. 3d DCA 1981)). As a result, and because of concerns that criteria other than the ability to pay rent may not be considered in determining whether consent is reasonably required, it is expected commercial practice to include criteria for the granting or withholding of consent in a commercial lease.

Q.  IF THE LEASE DOES NOT EXPRESSLY DEFINE THE TERM “ASSIGNMENT” AND THERE IS NO OTHER EXPRESS RESTRICTION IN THE LEASE TO THE CONTRARY CAN THE: Tenant’s corporate ownership interests be freely transferred without the landlord’s consent? Tenant freely place a lien on its leasehold interest, or pledge its corporate ownership interests, in connection with a financing without the landlord’s consent?

Transfer of Ownership Interests

If the lease does not expressly define the term “assignment” and there is no other express restriction in the lease to the contrary, the tenant’s corporate ownership interests may be transferred without the landlord’s consent under Florida law.

Security Lien or Pledge of Ownership Interests

If the lease does not expressly define the term “assignment” and there is no other express restriction in the lease to the contrary, the tenant may place a lien on its leasehold interest, or pledge its corporate ownership interests, in connection with a financing without the landlord’s consent.

Unless it is expressly waived, a landlord has a statutory lien on all of the tenant’s personal property found either on or off the premises leased or rented. This statutory landlord lien is superior to any lien acquired after the bringing of the property on the premises leased, subject to the rights of those providing purchase money financing and any tenant bankruptcy. (§ 83.08, Fla. Stat.)

Q.  WHEN A LEASE REQUIRES A LANDLORD’S CONSENT FOR AN ASSIGNMENT AND DEFINES THE TERM “ASSIGNMENT” TO INCLUDE A TRANSFER OF THE TENANT’S CORPORATE OWNERSHIP INTERESTS, WOULD AN INDIRECT TRANSFER OF THE TENANT’S INTERESTS TRIGGER THE LANDLORD’S CONSENT REQUIREMENT?

Whether an indirect transfer of the tenant’s ownership interests would trigger the landlord’s consent requirement depends on the actual language of the lease.

Q. IS THE TENANT/ASSIGNOR DEEMED RELEASED FROM FUTURE LIABILITY UNDER THE LEASE WHEN THE LEASE IS SILENT ON WHETHER THE ORIGINAL TENANT WILL BE RELEASED IN THE EVENT OF AN ASSIGNMENT?

In general, without an express release, Florida tenants who assign their leasehold interests are not relieved of their obligations under the lease.

Q.  DESCRIBE ANY RESTRICTIONS ON THE LANDLORD’S ABILITY TO TRANSFER THE REAL PROPERTY SUBJECT TO THE LEASE. DOES THIS TRANSFER AFFECT THE TENANT’S RIGHTS OR OBLIGATIONS?

Unless expressly stated in the lease, and except for certain exceptions relating to foreclosure actions, under Florida law a purchaser of the real property takes title to the real property acquired, subject to then existing leases.

ESQ.title law firm has over 20 years’ experience as advisors to foreign national and domestic real estate investors, real estate owners and tenants, developers, real estate investment companies, and ultra-affluent high net worth individuals. If you have any questions on whether a particular a commercial real estate transaction is right for you, need assistance in leasing or in analyzing due diligence on a particular opportunity, contact us at 305-501-2836 or visit us at www.JordanLawyers.law  for immediate assistance.  Our offices are conveniently located in Miami, Florida (Coral Gables), and service clients throughout the State of Florida.

Florida Assignment of Lease by Landlord

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Navigating the assignment of a residential lease

A landlord can assign his leases to a new buyer of his building. Likewise, a tenant may be able to assign his lease if he needs to relocate. Find out how to assign your lease and what you can do to protect yourself when doing so.

by   Ronna L. DeLoe, Esq.

Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does...

Read more...

Updated on: December 4, 2023 · 3 min read

Assignment of lease by the tenant

Assignment of lease vs. sublease, assignment of lease by the landlord.

As a tenant, you may want to get out of your residential lease without paying the remaining rent. Likewise, if you're a landlord and sell your rental property, the buyer must now collect rent from the tenants, who may have no idea you sold the property. In both situations, assignment of a lease with a release for the tenant and assignment of leases with notice by the landlord accomplish these goals.

If you're the tenant and want to leave before the end of your lease term, you may be able to assign your lease to a third party if the landlord doesn't let you out of the lease. The third party then becomes the new tenant, who is bound by the terms of the original lease and pays rent to the landlord.

Most often, the lease won't permit assignment without the landlord's approval, but leases often state that the landlord cannot unreasonably withhold consent. As long as you produce a tenant who's shown a history of payment under prior leases and has been a model tenant, a landlord should consent to assignment.

The assignment of lease form should include places for the tenant-assignor, the new tenant-assignee, and the landlord to sign. If the master lease allows assignment, then the tenant doesn't need the landlord's permission; the tenant can sign an assignment of lease agreement without the landlord's signature.

If the landlord allows an assignment of the lease, you, as the tenant, also want him to sign a release stating that you're not responsible for the new tenant's failure to pay or for any damage she causes. Without such a release, you may still be liable for both.

When you, as the tenant, assign the lease, you sign an agreement that either reads “Assignment of Lease," “Lease Assumption Agreement," or “Assignment and Assumption Agreement." An assumption of the lease means that the new tenant assumes your obligations, such as paying rent and keeping the apartment in good condition.

An assignment of a lease transfers the tenant's entire rights in the property to a third party. With a sublease, on the other hand, the tenant transfers only a portion of the remaining lease. For example, if the original tenant has six months remaining on his lease and he gives the entire six months to a third party, the tenant is permanently assigning his rights to live on the property to the third party. If, however, the tenant allows that third party to stay at the premises for only three months, and the tenant intends to return after three months, he is subleasing the premises.

A landlord can assign the right to collect rent to someone who has purchased the property. An assignment of lease from the seller to the buyer allows the new landlord to collect rent from any and all current tenants in the building. The language in the landlord's assignment of lease agreement can include assignment of security deposits, if the parties agree to it. An assignment of leases by the landlord to the buyer affords protection to the buyer so he can collect rent.

An assignment of leases by the landlord to the buyer is meaningless if tenants aren't aware the landlord sold the property, which is why it's important for the assignor-landlord to give tenants proper notice. A notice of assignment of lease, which is a form signed by both the assignor-landlord and the assignee, or new landlord, is one way to give notice. Another way is to send a letter on the landlord's letterhead. Either way, the notice must include the new landlord's address and how rent is to be paid.

Both landlords and tenants who become assignors should sign a formal assignment of lease agreement, which an online service provider can prepare for you. If you're the tenant who has assigned your lease, try to get a release or you'll still be liable to the landlord. If you're the landlord, make sure you can count on the new tenant to pay the rent before you release the primary tenant from his obligations under the lease.

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Assignment and Assumption of Lease and Landlord Consent

You can use a Lease Assignment to outline the terms for assigning the responsibilities of a lease to someone else. You need to make sure that the landlord has given his or her consent for the Lease Assignment to go into effect. The terms of assignment, consent of the lessor, and acceptance by the assignee are covered in this Lease Assignment, including the length of the assignment, consent of the person taking over the lease, and acceptance by you, the current lease holder. A Lease Assignment transfers the rights and obligations of an existing lease from one tenant to another.

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This form has been prepared for general informational purposes only. It does not constitute legal advice, advertising, a solicitation, or tax advice. Transmission of this form and the information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. You should not rely upon this document or information for any purpose without seeking legal advice from an appropriately licensed attorney, including without limitation to review and provide advice on the terms of this form, the appropriate approvals required in connection with the transactions contemplated by this form, and any securities law and other legal issues contemplated by this form or the transactions contemplated by this form.

ASSIGNMENT AND ASSUMPTION OF LEASE AND LANDLORD CONSENT

THIS ASSIGNMENT AND ASSUMPTION OF LEASE AND LANDLORD CONSENT (" Agreement ") is effective as of _________________ (the “ Effective Date ”), between  _____________  a ________________ corporation (" Assignor "), and ________________   a ________________ corporation (" Assignee ") who agree as follows:

A.              Lease .  ________________ a Delaware corporation (“ Landlord ”), and Assignor, as tenant, are parties to that certain Master Lease dated as of ________________  (the “ Master   Lease ”), pursuant to which Assignor leased from Landlord, and Landlord leased to Assignor, certain premises consisting of approximately ________________ rentable square feet located ________________ (the “ Leased Premises ”) in the building with a street address of ________________________________  (the “ Building ”).  A true, correct and complete copy of the Lease is attached hereto as  Exhibit “A”  and is by this reference incorporated herein and made a part hereof.  The Lease is scheduled to expire on ________________. 

B.         Assignor desires to transfer and assign all of its right, title and interest, as subtenant, in, to, and under the Lease to Assignee, and Assignee wishes to assume all of Assignor's duties, liabilities, and obligations thereunder.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties mutually covenant and agree as follows:

1.               Assignment .  Assignor, for and in consideration of the payment of rent and the performance of all of the Lease covenants by Assignee as successor subtenant under the Lease, does hereby grant, assign, and convey to Assignee all of Assignor’s right, title, and interest in and to the Lease, for the residue of the term of the Lease, at the rent and other charges set forth in the Lease and subject to the conditions contained in the Lease and henceforth to be performed and observed by Assignee.    

2.               Performance of Lease Covenants and Conditions; Assumption . For the benefit of Assignor and Landlord and Landlord, Assignee hereby assumes all rights, duties, and obligations of the subtenant under the Lease and Assignee hereby covenants and agrees to perform all of the duties and obligations of the subtenant pursuant to the Lease from and after the Effective Date as if Assignee were the original subtenant thereunder. Assignee shall make all payments of rent, additional rent, and other sums due under the Lease from the subtenant thereunder, for the period from and after the Effective Date, when due and payable strictly in accordance with the terms, covenants, and conditions of the Lease.

3.               Letter of Credit .  Within three (3) business days following the full execution of this Agreement by the parties hereto, Landlord’s execution of its consent and Landlord’s execution of the Landlord’s Consent, each as set forth below, Assignee shall deliver to Landlord a letter of credit which satisfies the requirements of Section 21 of the Lease.  Within three (3) business days following Landlord’s receipt of such Letter of Credit from Assignee, Landlord shall return the original Letter of Credit to Assignor and thereafter such original Letter of Credit shall be void and of no further force or effect. 

4.               Possession . Assignor hereby tenders, and Assignee hereby accepts, possession of the Premises in its “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” condition. Assignor makes no representations or warranties with respect to the physical condition of the Premises or the suitability thereof for Assignee’s use.

5.               Assignment and Subleasing . Subject to the provisions of the Lease, Assignee may assign the Lease, or sub-lease all or any portion of the Premises, but Assignee must also obtain Assignor’s prior written consent, which consent shall not be unreasonably withheld or delayed. As a condition of granting such consent to an assignment, Assignor may require that the new assignee assume the obligations of the subtenant under the Lease and take subject to all of the terms and conditions contained both in the Lease and this Agreement and as a condition of consenting to any lease, Assignor may require that each sublessee agree, by an express provision in its lease, to be bound by all of the terms and provisions of the Lease and this Agreement.  If Assignee assigns the Lease or leases the Premises, in whole or in part, Assignee shall nevertheless remain liable to Assignor for the full performance of Assignee’s obligations under the Lease and this Agreement.

6.               Entry . Assignee agrees that Assignor may at any time during the regular business hours enter upon the Premises for purpose of inspecting the same.

7.               Insurance . Assignee agrees to maintain in effect all of the insurance coverages required to be maintained by the subtenant under the Lease and to provide evidence of such insurance to Assignor from time to time. Assignee agrees to name Assignor as an additional insured under the general liability insurance carried by Assignee with respect to the Premises.

8.               Lease Amendments or Modifications . Assignee shall not enter into any lease amendments or modifications of the Lease with Landlord without the prior written consent of Assignor, which consent shall not be unreasonably withheld or delayed.

9.               Broker Commissions; Fees .  Assignee acknowledges and agrees that Assignee shall be solely responsible for the payment of all broker commissions in connection with this Agreement.  Each of Assignee and Assignor represents and warrants to the other that it has taken no act nor permitted any act to be taken pursuant to which it or the other party hereto might incur any claim for brokerage commissions or finder’s fees in connection with the execution of this Agreement other than Jones Lang LaSalle representing Assignee and CBRE representing Assignor.  Each party agrees to indemnify, defend and hold the other harmless against all liabilities and costs arising from a breach of such representation and warranty, including, without limitation, for attorneys’ fees and costs in connection therewith.  In addition, Assignee shall pay any fees charged by Landlord and Landlord in connection with obtaining the consent of each of them.

10.            Indemnification.    Assignee hereby indemnifies and holds Assignor and its officers, directors, shareholders, members, affiliates, representatives, agents, employees, successors and assigns harmless from and against all claims, damages, demands, losses, expenses and costs incurred, arising out of, or in connection with Assignee’s failure, from and after the Effective Date, to observe, perform and discharge any and all of the subtenant’s covenants, obligations and liabilities in connection with the Lease.  Assignor hereby indemnifies and holds Assignee and its officers, directors, shareholders, members, affiliates, representatives, agents, employees, successors and assigns harmless from and against all claims, damages, demands, losses, expenses and costs incurred, arising out of, or in connection with Assignor’s failure to the extent accruing prior to the Effective Date, to observe, perform and discharge any and all of the subtenant’s covenants, obligations and liabilities in connection with the Lease.

11.            Defaults under Lease . Within two (2) days after receiving any notice from Landlord relating to the performance of the obligations of the subtenant under the Lease, Assignee shall send a copy of such notice to Assignor. Within two (2) days after receiving any notice from Landlord relating to the performance of any obligations of the subtenant under the Lease, Assignor shall send a copy of such notice to Assignee. If Assignee is in default under the provisions of the Lease or this Agreement, and if Assignee fails to cure such default within fifteen (15) days after receipt of notice from Landlord or Assignor specifying the nature of such default with respect to non-monetary defaults and two (2) business days with respect to monetary defaults, then Assignor may reenter the Premises, with or without process of law, and cure such default, in which event Assignee shall promptly reimburse Assignor for all costs and expenses with regard thereto, or, at Assignor’s option, Assignor may repossess and enjoy the Premises as of Assignor’s first and former estate and either declare this Agreement to be terminated at no further force or effect or, without terminating the same, Assignor may reassign the Lease to itself or others or sublet the Premises to itself or others, in whole or in part, for the account of Assignee, in which event Assignee shall promptly reimburse Assignor for any rent deficiencies and other charges, costs, reasonable attorneys’ fees, or expenses so incurred by Assignor with respect thereto.

12.            Attorneys’ Fees .  In any action between the parties to enforce any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled to recover from the non-prevailing party, in addition to damages, injunctive relief or other relief, its reasonable costs and expenses, including, without limitation, costs and reasonable attorneys’ fees, as the court shall determine.  Any such attorneys’ fees and other expenses incurred by either party in enforcing a judgment in its favor under this Agreement shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys’ fees obligation is intended to be severable from the other provisions of this Agreement and to survive and not be merged into any such judgment.

13.            Successors and Assigns .  This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

14.            Severability .  If any provision of this Agreement shall be held invalid or unenforceable for any reason and to any extent, the remainder of this Agreement shall not be affected, but shall be enforced to the greatest extent permitted by law.

15.            Governing Law .  This Agreement shall be governed by and construed in accordance with the laws of the State of California.

16.            Counterparts .  This Agreement may be executed in one or more counterparts.  All such counterparts, when taken together, shall comprise the fully executed Agreement.  Signatures of the parties transmitted by facsimile or electronic mail in PDF format shall be deemed to constitute originals and may be relied upon, for all purposes, as binding the transmitting party hereto.  The parties intend to be bound by the signatures transmitted by facsimile or electronic mail in PDF format, are aware that the other party will rely on such signature, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of the signature.

17.            Notices .  For purposes of this Agreement, the notice addresses for Assignee and Assignor shall be as follows:

_____________________

Attn: ________________

18.            Warranty and Authority .  Each party represents that this Agreement has been executed by its duly authorized representative.

19.            Condition Precedent .  This Agreement is not and shall not be effective unless and until each of Landlord and Landlord provides its consent to this Agreement.  If either Landlord or Landlord fails to consent to this Agreement with thirty (30) days after delivery of this Agreement to Landlord and Landlord then either Assignor or Assignee may terminate this Agreement by written notice thereof to the other party at any time prior to receipt of Landlord’s and Landlord’s consent and in such event neither Assignor nor Assignee shall have any obligations to the other party under this Agreement.  Assignee shall reasonably cooperate with Assignor to obtain Landlord’s and Landlord’s consent, including providing Landlord and Landlord with financial information and other information requested by Landlord and Landlord

IN WITNESS WHEREOF, this Agreement has been executed as of the Effective Date set forth above.

LANDLORD’S CONSENT

By its execution below, Landlord consents to this assignment of the Lease to Assignee and acknowledges the continuance of the Lease by and between Assignee and Landlord.  Landlord is not a party to the assignment and executes this document for the limited purpose of granting its consent.  The consent to this assignment shall not act as or be deemed as a waiver of Landlord’s right to consent to any subsequent assignment or lease in accordance with the terms of the Lease.  Notwithstanding the foregoing, so long as Assignee delivers to Landlord a letter of credit which satisfies the requirements of Section 21 of the Lease then within three (3) business days following Landlord’s receipt of such Letter of Credit from Assignee, Landlord shall return the original Letter of Credit to Assignor and thereafter such original Letter of Credit shall be void and of no further force or effect.

Landlord, Inc.

By:                                                      

Its:                                                       

LANDLORD CONSENT TO ASSIGNMENT OF LEASE

By its execution below,  Landlord consents to this assignment of the Lease to Assignee and acknowledges the continuance of the Lease by and between Assignee and Landlord.  Landlord is not a party to the assignment and executes this document for the limited purpose of granting its consent.  Landlord’s consent shall not relieve or discharge Landlord from any of its obligations under the Master Lease, whether or not such Default should occur by fault of the Assignee.  The consent to this assignment shall not act as or be deemed as a waiver of Landlord’s right to consent to any subsequent assignment or lease in accordance with the terms of the Master Lease.

Landlord’s consent is conditioned upon payment by Landlord of all Rent and any other charges due under the Master Lease at the time of the assignment (notwithstanding that such charges may be billed following the date of the assignment).

a ________________ corporation

By:                                               

Its:                                               

(see attached)

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Assignment of Lease Lawyers for Florida

Meet some of our florida assignment of lease lawyers.

Tayane M. Oliveira is a founding partner at Vannucci Oliveira. With a concentration in family law, Tayane is renowned for her commitment to providing compassionate yet powerful representation to her clients. Her experience as an associate attorney at Brodzki Jacobs & Brook, coupled with her unwavering dedication to her clients' welfare, prepared her for her current role at Vannucci Oliveira. Tayane's academic achievements are a testament to her rigorous intellectual curiosity and dedication to her profession. She graduated with a Bachelor of Arts degree in Criminal Justice, supplemented by a minor in Psychology, from Florida Atlantic University in 2013. The culmination of her academic pursuit came in 2017, when she earned her Juris Doctor degree, cum laude, from the esteemed Nova Southeastern University's Shepard Broad College of Law. Before co-founding Vannucci Oliveira, Tayane honed her skills in the heat of the courtroom, representing clients in an array of general civil litigation matters. This diversified exposure instilled in her an ability to tackle complex legal challenges, a skill she employs to benefit her clients in family law. Originally from Brazil, Tayane brings an international perspective to her practice. When not delving into legal briefs or advocating for her clients, she indulges in travelling, reading, spoiling her puppies, and exercising, activities that not only rejuvenate her but also provide her with a broader perspective on the world and her practice. *Supreme Court Certified Portuguese Speaking Mediator

Ido Alexander is dedicated to helping his clients identify risks and understand how to navigate the unknowns. He has a keen ability to sort through the noise to develop strategies for growth and advance clients' interests. An experienced counsel, he focuses on finding solutions for businesses, estate planning needs, helping resolve complex and strategic disputes, and at times restructuring through bankruptcy or out of court, while keeping his clients' financial health as the top priority.

I proudly hold an active membership with The Florida Bar, I successfully passed the Florida Bar examination in September 2023. My journey into the legal realm began over 5 years ago with dedicated service as a law clerk, where I provided indispensable support at previous law firms. I have distinguished legal expertise in the realm of transational matters. I am highly experienced in entity formations, commercial transactions, mergers & acquisitions, corporate governance & compliance, and business immigration services. I have prepared many independent contractor agreements, employment agreements, purchase and sale agreements, EB-1 and 2 visas, to name a few. I am an adept learner, professional, and committed to high quality legal work.

Lissette E.

Lissette's legal career, spanning over a decade, is distinguished by her significant achievements in civil litigation and her versatile practice in immigration and corporate law. She has demonstrated a formidable presence in the courtroom, securing a verdict of over two million dollars for a client and settling claims totaling more than three million dollars against insurance companies. She is proficient in complex litigation and corporate matters, assisting corporations with entity formation and regulatory compliance. Her work ensures that businesses not only start on a solid legal foundation but also maintain adherence to legal standards as they grow and evolve. Lissette's tenure at the Department of Justice has also been particularly influential. Working directly with immigration judges, she has developed a nuanced understanding of immigration policies and law, enabling her to craft winning strategies that address the unique challenges faced by her clients. Her career is further enriched by her previous teaching engagements at the Maurice A. Deane School of Law at Hofstra University, where she shared her comprehensive knowledge and experience with aspiring lawyers. Lissette's multifaceted expertise underscores her deep-rooted commitment to legal advocacy and excellence, making her a valued counselor and advocate. Known for her tailored client solutions, Lissette achieves successful outcomes across various legal domains.

Gisselle O.

Family law attorney licensed in the State of Florida with 5+ years of experience in litigating family law matter including dissolutions of marriage and paternity/child custody cases. Drafting pleadings, including petitions, motions, and responses Preparing discovery requests and responses Organizing and maintain case files and pleadings Communicating with clients to provide case updates and gather information Conducting legal research and draft legal memoranda Attending court hearings, trials, depositions, mediation, etc. Preparing prenuptial and postnuptial agreement

I am a Swiss-American lawyer based in Florida and specialize in business, investments, and other civil matters. I have won many cases in both state and federal litigation, and arbitration. Before litigation or arbitration, however, I like to prevent these legal disputes by ensuring my clients base their business on strong concrete contracts that will protect them even decades down the road. My clients are my top priority, which is why they get my personal cell and can reach me anytime. My firm is also established on the extremely high standards of professionalism, transparent itemized billing, fast turnaround times and more. For more information, visit: https://www.transnationalmatters.com/

Highly skilled Real Estate Counsel delivering favorable outcomes for clients in real estate transactional matters. Extremely effective negotiator, detail oriented and a licensed real estate broker. Served as In-House counsel for an international real estate development company for more than 10 years.

Veronica L.

As a litigator, real estate attorney and owner of a title company, I represent domestic and international clients in a multitude of matters. As a litigator, I represent individuals and companies in commercial litigation and arbitrations. Examples of the cases I have handled in the past include breach of contract cases, shareholder disputes and business torts in the nature of actions for fraud, civil theft, misappropriation of trade secrets, fraudulent transfers and unfair trade practices cases. I have also represented clients in commercial foreclosures and appeals in federal and state courts. I also handle evictions and have represented both landlords and tenants. As a real estate attorney I assist buyers and/or sellers with the purchase or sale of their homes. As an attorney owner of a title company, my goals is to make sure that all the legal aspects of the transaction are taken care of and that my clients are protected. Excellent customer service is a priority for the firm. We have established protocols to make sure that our clients are informed at all times of the status of their transaction and that guaranty the closing of their property runs smoothly at all times.

I have been a lawyer for over 30 years practicing insurance defense, personal injury, commercial litigation and commercial transactions

Liliette A.

I have been in the legal field since 2015 starting as an intern, moving my way up to paralegal to making my final way to Attorney. As an attorney I worked in civil litigation for a brief period of time and then I got into the the immigration field.

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• Residential Lease Agreeement

Florida Residential Lease Agreement

Last Updated: October 12, 2023 by Roberto Valenzuela

• Month-to-Month

A Florida residential lease agreement (“rental agreement”) is a written contract where one party (the “tenant”) lives in a particular property (“premises”) owned or overseen by another party (the “landlord”), in exchange for regular payments of rent.  Florida landlord-tenant law governs the contract, which includes terms and conditions outlining the responsibilities of each party.

Florida Lease Agreement Disclosures

These disclosures are required for some or all residential lease agreements in Florida.

Landlord’s Name and Address

Guarantees smooth communication and payment of rent in the event of any unusual situations. Typically includes additional contact information for the landlord and authorized agents, such as phone numbers and email addresses. Customary to provide before the tenancy begins, or upon move-in. [1]

Dangers of Radon Gas

All rental agreements must include a general disclaimer about the dangers presented by high levels of radon gas. This gas is a naturally occurring radioactive gas that may cause health issues with prolonged exposure. [2]

This is an example of a radon gas disclosure:

RADON GAS . Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

Download : Florida Radon Hazard Disclosure Form (PDF)

Security Deposit Holdings

Landlords who ask for a security deposit must provide a written disclosure of how the funds will be kept. They also must provide general information about security deposits and how they work in Florida.

This disclosure has a number of legal requirements. It must include the following information: [3]

• Name and address of the depository where the amounts are held. (Alternatively, can affirm that the landlord has posted a legally compliant surety bond.)
• The tenant’s entitlement to interest on the deposit, if any.
• The following wording:

YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.   IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.   YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.   THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.

The landlord may provide this disclosure to the tenant separately from the lease. If so, it must be sent within 30 days after the landlord receives the tenant’s advance rent payment plus security deposit.

Download : Florida Security Deposit Holdings Disclosure Form (PDF)

Lead-Based Paint Disclosure

Federal law requires disclosing the risks posed by lead-based paints in all residences built before 1978. This law requires Florida landlords to do the following:

• Fill out and attach this lead-based paint disclosure form to the lease agreement.
• Provide the tenant with an Environmental Protection Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
• Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.

Download : Florida Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures and Addenda (Recommended)

The following lease agreement disclosures and addenda are not required by Florida law. They are common inclusions in rental agreements to head off potential conflicts with tenants, or reduce liability for landlords.

Failure To Include Mandatory Disclosures

Failure to include a mandatory disclosure could result in fees, denial of eviction, refusal of the landlord’s other rights under the lease, and similar legal penalties. Disclosures outline important health, safety, and property information, and the law penalizes failure to disclose.

Lead-based paint hazards are particularly important as a disclosure. Landlords who don’t disclose the potential for lead hazards can face tens of thousands of dollars in fines per violation. [5]

…83.50 Disclosure of landlord’s address. In addition to any other disclosure required by law, the landlord, or a person authorized to enter into a rental agreement on the landlord’s behalf, shall disclose in writing to the tenant, at or before the commencement of the tenancy, the name and address of the landlord or a person authorized to receive notices and demands in the landlord’s behalf. The person so authorized to receive notices and demands retains authority until the tenant is notified otherwise. All notices of such names and addresses or changes thereto shall be delivered to the tenant’s residence or, if specified in writing by the tenant, to any other address…

…(5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification shall be provided on at least one document, form, or application executed at the time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement for any building. Such notification shall contain the following language:…

…(2) The landlord shall, in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the tenant which includes disclosure of the advance rent or security deposit … the written notice must:(a) Be given in person or by mail to the tenant. (b) State the name and address of the depository where the advance rent or security deposit is being held or state that the landlord has posted a surety bond as provided by law. (c) State whether the tenant is entitled to interest on the deposit. (d) Contain the following disclosure:…

…(2) In lieu of a service charge authorized under subsection (3), s. 832.062(4)(a), or s. 832.07, the payee of a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, may lawfully collect bank fees actually incurred by the payee in the course of tendering the payment, plus a service charge of $25 if the face value does not exceed $50; $30 if the face value exceeds $50 but does not exceed $300; $40 if the face value exceeds $300; or 5 percent of the face value of the payment instrument, whichever is greater. The right to damages under this subsection may be claimed without the filing of a civil action…

“The Director of the Office of Lead Hazard Control and Healthy Homes, or his or her designee, may initiate a civil money penalty action against any person who knowingly violates 42 U.S.C. 4852d… The maximum penalty is $21,018 for each violation.”

Frequently Asked Questions

Residential lease agreements in other states.

Mississippi

Other Florida Rental Templates

Month-to-Month Rental Agreement

Residential Sublease Agreement

Room Rental Agreement

Lease Termination Notice

Eviction Notice

Commercial Lease Agreement

• USA TODAY Sports

Why the FAA rejected the New College of Florida and Sarasota Bradenton Airport land swap

The Federal Aviation Administration indicated it rejected a land deal between New College of Florida and the Sarasota Bradenton International Airport because it saw little value to the airport in giving up the property compared with holding onto it. The agency also criticized the appraisal estimating the land's value in the airport-New College deal.

"It appears a greater benefit results from retaining the property," according to the FAA letter signed by Orlando Airports District Office Acting Manager Rebecca Henry. "Policy states that Surplus Property should not be released unless there is no greater benefit from retaining the property."

Airport and New College representatives declined comment on the federal agency's conclusions, indicating a formal response contesting the FAA's determination will be filed.

The FAA notified Sarasota Bradenton International Airport officials last week that it had declined the airport's request to release the property from federal obligations to facilitate a deal with New College to keep the land and buildings their for its long-term campus plan.

FAA rules require fair market value for the sale or lease of airport land, but the college's low-cost lease, set to expire in 2056, was made many years before the rule was implemented and was grandfathered in as a result.

Catch up: FAA rejects a major land deal between New College of Florida and Sarasota Airport

More: Officials detail plans for major land swap between New College and SRQ airport

New College housing deemed incompatible with airport operations

New College signed a 99-year land lease in October 1957, but the lease was meant for retail development that never occurred, according to the FAA.

There are 15 New College facilities on the 34.8 acres leased from the airport for $108,072 per year. They provide residential student or staff dormitories, meeting rooms, student lounges and activity centers and utility housing, recreational game fields a swimming pool, and a retention area.

"Based on information reviewed by the Agency, it appears the land leased to New College was converted from aeronautical use to nonaeronautical educational/residential use without FAA consent," Henry wrote.

"There are residential elements (student housing) in the existing New College leasehold," she wrote. "Neither FAA policy nor the 1947 Surplus Property deed itself allow the airport to be used for nonaeronautical purposes, particularly residential purposes, without FAA consent."

She noted that FAA guidance requires all airport properties to be zoned Airport/Light Industrial, which is consistent with federal grant assurances.

FAA raises concern over appraisal of the property

The FAA claims that the appraisal for the airport land proposed for sale to New College is faulty, and was conducted on only about 8.85 acres of airport property rather than the full 30.9 acres proposed for sale to the college.

The FAA also raised issue with properties that were used for comparison.

Those properties include a self-storage facility located 40 miles away, an undisclosed commercial space located about 26 miles away, a pending sale of a property zoned as institutional/commercial/industrial eight miles away, the pending sale of property zoned as "open use rural" located 10 miles away, and a pending sale for planned residential multifamily development six miles away."These comparable sales are not thought to be similar to the highest and best use of this property, which the sponsor states are medical/ institutional/charitable office and meeting space," Henry said. "Note, the highest and best use should be airport/light industrial, or possibly commercial use."

Henry noted that the property appraisal appears to have missing information, and is not an "unrestricted appraisal" as required by federal guidelines.

"In fact, it appears the appraiser only reviewed the latest and very abbreviated lease assignment document and not the lease in its totality," Henry said.

FAA claims SRQ Airport's master plan is outdated

The FAA also said that the SRQ airport's master plan, or at least its Airport Layout Plan, are outdated and should be revised to determine if there is any aeronautical need for the property in the future.

"The most recent FAA approved Airport Layout Plan (ALP) is dated 2021 and is based on a Master Plan completed the same year," Henry said. "However, the Master Plan data is thought to be at least six years old and is expected to be outdated, especially in light of the sponsor’s assertions they are the fastest growing airport in the country."

SRQ set a record in 2023 with more than 4.3 million passengers , including 406,113 passengers in December, a 7.5% increase compared to the 377,775 passengers in December 2022. The 12-month activity through December 2023 totaled 4,322,408 passengers, a 12% increase in passengers for the calendar year, compared to 2022's 3,847,606 passengers.

The airport is undergoing a major expansion due to its rapid multi-year growth. S everal projects are underway , including $10 million in contracts to expand parking and a more than $45 million to upgrade the baggage handling systems and construction of a new terminal, with the combined cost for all the work estimated at about $200 million.