What to Do When Your Commercial Landlord Fails to Make Repairs

Leasing commercial space can be a great move for your business, but what happens when your landlord isn’t holding up their end of the bargain? If your commercial landlord fails to make necessary repairs, it can lead to frustrating and costly challenges for your business. In this blog post, we break down your rights as a tenant in Florida, the steps you should take, and how to protect yourself in these situations.

What Are Your Rights as a Commercial Tenant in Florida?

Florida law requires commercial landlords to adhere to the terms of the lease agreement. Unlike residential leases, there’s no automatic legal obligation for commercial landlords to maintain or repair the property unless the lease explicitly states so. This means your lease agreement is critical in determining your rights and your landlord’s responsibilities.

When reviewing your lease, look for provisions about:

• Maintenance Obligations: Who is responsible for routine maintenance or major repairs?
• Timeframes for Repairs: Is there a specific time window for the landlord to address repairs?
• Options for Non-Compliance: What steps can you take if repairs aren’t made?

Common Issues Arising from Landlord Neglect

When a landlord neglects necessary repairs, the impact can extend beyond minor inconveniences. Here are common problems tenants face:

• Damage to Inventory or Equipment: Leaks, HVAC failures, or structural issues can harm your assets.
• Lost Revenue: Unsafe or unappealing conditions might drive away customers or disrupt operations.
• Health and Safety Risks: Mold, pests, or faulty wiring can create unsafe work environments.

Steps to Take When Your Commercial Landlord Fails to Make Repairs

If you find yourself dealing with an unresponsive landlord, follow these steps to protect your business:

1. Review Your Lease Agreement: Start by carefully reviewing your lease for clauses related to repair responsibilities. Knowing what your landlord is obligated to do under the contract is key.

2. Document the Issue: Keep detailed records of the problem, including:

• Photos or videos of the damage.
• Written descriptions of how the issue affects your business.
• Dates and times you’ve contacted the landlord about the repairs.

3. Notify Your Landlord in Writing: Send a written notice outlining the problem and requesting repairs. Be specific, include evidence like photos, and set a reasonable deadline for action. Written communication is important for creating a paper trail.

4. Consider Escalation Options: If your landlord doesn’t respond, you may have options like:

• Self-Help Repairs: Some leases allow tenants to make repairs themselves and deduct the cost from rent. (Only do this if explicitly allowed by your lease or Florida law.)
• Rent Withholding: Withholding rent until repairs are made is risky and requires legal guidance to ensure compliance with Florida law.
• Legal Action: If the landlord’s neglect violates the lease terms, you may need to sue for damages or seek a court order to compel repairs.

How to Prevent Issues with a Commercial Lease

To avoid disputes, be proactive when signing your lease:

• Negotiate Clear Maintenance Terms: Ensure the lease specifies who is responsible for what repairs.
• Perform a Pre-Lease Inspection: Document any existing issues and require the landlord to address them before move-in.
• Partner with a Lawyer: Having an experienced attorney review your lease can help identify potential red flags or ambiguities.

How a Lawyer Can Help When Your Landlord Fails to Make Repairs

If you’ve exhausted your options and repairs still aren’t being made, a commercial litigation attorney can help. At Ayala Law, we assist businesses across Florida with lease disputes, helping tenants recover damages or compel landlords to take action. Our team will review your lease, explain your rights, and develop a strategy to protect your business.

If you’re dealing with a difficult commercial landlord, 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. 

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].