A commercial lease guarantor lawsuit in Florida asks a court to hold a person who signed a guarantor agreement responsible when a tenant stops paying. A CAM charge dispute in Florida asks whether the shared operating costs a landlord billed were actually owed under the lease. Both turn on written documents, so the lease and the guarantor agreement matter most.
If a default notice, a demand letter or an unexpected CAM bill has reached you, you may be asking whether you’re personally on the hook. The sections below explain the key terms, the documents that matter and the usual stages, so you can see where you stand.
What a Commercial Lease Guarantor Lawsuit and CAM Dispute Involve
A lease guarantor is a person or company that agrees in writing to cover a tenant’s lease obligations if the tenant doesn’t pay. Guarantors are often owners or officers of the tenant business, but the agreement can name anyone who signs it.
CAM stands for common area maintenance. Under many commercial leases, the landlord bills the tenant for a share of shared property costs, such as parking lot upkeep and landscaping. The lease decides which costs count, how they’re split and how they’re reconciled each year.
These two disputes often arrive together. A tenant falls behind on base rent, the landlord adds unpaid CAM charges to the balance, and then looks to the guarantor for payment. Each side may read the lease and the billing records differently.
This page is written for three readers:
- Landlords who want to enforce a lease and collect from a guarantor.
- Tenants and guarantors who have received a demand.
- Business owners reviewing a default notice before deciding how to respond.
What Litigation in These Disputes Covers
Litigation usually covers three things: the unpaid amounts, the guarantor’s personal liability and any challenge to the charges. A case may include:
- Enforcing a guarantor agreement against an owner or other guarantor after a tenant default.
- Suits for unpaid base rent, late fees and other lease charges, where the lease allows them.
- Challenges to CAM charges, including reconciliation statements, billing errors and charges the lease does not cover.
- Defenses and counterclaims, such as disputes over notice, lease conditions or the amount owed.
- Matters in Florida courts, or in arbitration when the lease or agreement requires it.
When a landlord sues both the tenant and the guarantor, the location of the case matters. Under § 47.021, a suit against defendants who live in different counties may be filed in any county where one of them resides. Other venue rules are covered by § 47.011.
How Lease Language Decides CAM and Guarantor Disputes
The lease and the guarantor agreement set most of the rules, so read them first. Focus on these items:
- The operating expense definition. It shows which costs the landlord may pass through and which are excluded.
- Caps, audit rights and dispute deadlines. These control whether a tenant can challenge a bill and how long it has to do so.
- The guarantor agreement’s scope. Check whether liability is full or limited, what triggers it and whether it covers the whole lease term.
- Amendments, renewals and assignments. Changes to a contract’s terms, renewals and transfers of rights can raise questions about who is responsible, so reviewing every version of the agreement is a practical step.
Florida’s writing rule matters for guarantors. The same section applies this writing rule to a lease longer than one year. Commercial leases generally fall under Part I of Chapter 83, which covers nonresidential tenancies.
Some claims have limits. A Florida appellate court has held that where an express contract covers the same subject, claims arising from that contract will not support unjust enrichment. A landlord can’t always use a side theory for a charge the lease already addresses.
Tenants who argue a lease term is unfair face a high bar. Florida’s highest court requires both procedural and substantive unconscionability, weighed together, before refusing to enforce a term.
Keep every invoice, statement and payment record.
How the Process Works, Step by Step
Most of these disputes move from document review to letters and talks, then to a filing if needed. The schedule depends on the facts and on how contested the claims are.
- Document review. The lease, guarantor agreement, default notice and CAM billing history are reviewed together.
- Demand or response letter. The letter states the position on amounts owed and on any disputed charges.
- Talks. Negotiation may resolve the matter before anyone files.
- Filing. A complaint or answer goes to the right Florida court.
- Mediation, discovery and motions. On a party’s request, and provided the requesting party is willing and able to pay the mediation costs or the costs can be equitably divided between the parties, courts must refer any filed civil action for monetary damages to mediation, subject to exceptions including landlord and tenant disputes without a personal injury claim and suits filed to collect a debt (§ 44.102). Fla. Stat. § 44.102 reads: “(2) A court, under rules adopted by the Supreme Court: (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1.” Pleadings and discovery follow the Florida Rules of Civil Procedure.
- Offers of judgment. Florida’s offer-of-judgment statute, Fla. Stat. § 768.79, sets timing rules for accepting an offer, so the timing of any offer deserves careful attention. If an offer is not accepted within 30 days and the final judgment is at least 25 percent less than a defendant’s offer (or at least 25 percent greater than a plaintiff’s demand), costs and fees can shift under § 768.79, though the court may, in its discretion, determine that an offer was not made in good faith and disallow the award of costs and attorney’s fees.
Why Work With Ayala Law PA on These Matters
Ayala Law PA focuses its practice on business litigation, including commercial and contract disputes, shareholder disputes, construction litigation, real estate litigation and international trade disputes. These matters are handled in Florida courts and in arbitration.
Eduardo A. Maura is the responsible lawyer for this page. Our team includes assistants and office staff who handle scheduling and records, which keeps lease files organized as a matter moves forward.
The firm serves businesses and entrepreneurs in Tampa, Hillsborough County and the Tampa Bay area. Its only office is at 1646 W Snow Ave in Tampa, Florida, and it handles matters for businesses in Tampa and Hillsborough County.
Related property matters, such as access disputes over commercial easements and questions about who pays for title defects after a commercial closing, can arise in the same transactions as a lease. Those questions often need review alongside the lease itself.
Questions Landlords and Tenants Ask Before Filing
Can a landlord sue a guarantor without suing the tenant?
The guarantor agreement decides who can be pursued and on what terms. Read its trigger and scope language closely.
Does a guarantor agreement have to be in writing?
Yes. Under § 725.01, a promise to pay another person’s debt generally must be in writing and signed by the person being charged. Fla. Stat. § 725.01 reads: “unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person by her or him thereunto lawfully authorized.”
Can a tenant still dispute a CAM charge after paying it?
The lease’s audit and dispute terms control this. Check them early, because deadlines in the lease may apply.
Does a lease with an arbitration clause go to arbitration?
Florida law generally enforces written arbitration agreements, and the court decides whether one exists. Some disputes may still proceed in court.
How are fees handled?
Fee arrangements are discussed during the engagement. Costs can include court filing fees and other charges.
Talk Through Your Lease Situation With Our Team
A default notice or an unexpected CAM bill can arrive at a hard moment, especially when you never expected to be personally responsible. If you’re a landlord, a tenant or a guarantor facing one of these, call (305) 570-2208 or reach out through our contact page. We can review the lease, the guarantor agreement and the billing records with you.
