Legal Remedies for Excessive Rent Hikes: Protecting Your Business in Florida

Rent hikes can often be a major obstacle for Florida businesses. When faced with these excessive increases, it’s crucial that you know your rights and the legal remedies available to protect the business you’ve put your blood, sweat and tears into.

In this post, we’ll dive into the legal options businesses have in Florida when dealing with excessive rent increases, helping you defend your commercial interests.

Understanding Excessive Rent Hikes

Before we get into the legal remedies, let’s clarify what constitutes an excessive rent hike. In Florida, commercial leases typically do not have the same rent control regulations as residential leases. However, there are still legal protections in place to prevent unconscionable rent increases.

1. Review Your Lease Agreement

The first step is to carefully review your lease agreement. It should outline the terms and conditions of your lease, including provisions related to rent increases. Pay attention to any clauses that specify the maximum allowable rent increase, notice periods, and the method for calculating hikes.

2. Florida’s Legal Protections

Florida law does not impose strict rent control regulations for commercial properties, but it does require landlords to act in good faith. Excessive rent hikes that are deemed unconscionable or in bad faith may be subject to legal scrutiny.

Legal Remedies for Excessive Rent Hikes 

When faced with an unreasonable rent increase, businesses in Florida can consider the following legal remedies:

1. Negotiation with the Landlord

Initiate a conversation with your landlord. Sometimes, rent hikes occur due to misunderstandings or financial hardships on the landlord’s part. Open communication may lead to a mutually agreeable resolution, such as a smaller increase or a phased implementation.

2. Mediation

Mediation can be an effective way to resolve disputes without going to court. A neutral mediator can help facilitate discussions between you and your landlord to reach a fair compromise on the rent increase.

3. Legal Action for Unconscionable Increases

If negotiations and mediation do not yield a satisfactory result, you can explore legal action. In Florida, an unconscionable rent increase that violates the principles of fairness and good faith may be challenged in court.

4. Breach of Contract Claims

If your lease agreement specifies terms that the landlord is not adhering to, you may have grounds for a breach of contract claim. Consult with an attorney to assess whether the landlord’s actions violate the terms of your lease.

5. Constructive Eviction

In extreme cases where the rent increase renders your business space uninhabitable or unusable, you may have a case for constructive eviction. This legal doctrine allows you to terminate the lease and seek damages.

Conclusion

Excessive rent hikes can threaten the stability and profitability of your business. In Florida, while there may not be strict rent control regulations for commercial leases, there are legal protections in place to prevent unconscionable increases. To protect your business, start by reviewing your lease agreement, and if you believe you are facing an unreasonable rent hike, consider negotiation, mediation, or legal action.

For more expert legal guidance on protecting yourself against excessive rent hikes, contact one of our experienced attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.