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Essential Elements of a Commercial Lease – Part 3

By Howard C. Stross
August 22, 2013

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Did you notice that….

The summer hiatus from blogging is over. This resumes where we left off with our series of blogs on the essential elements of a commercial lease.

A well-drafted commercial lease will contain several provisions requiring notice from one party to the other party. This discussion offers examples to highlight the importance of notice that both landlord and tenant must pay attention to or risk being in default.

Radon gas notice is required by Florida law in a lease where any human may enter. Florida Statutes, Section 404.056(5) requires a radon notification on at least one document, form, or application signed at the time of or before signing a contract for sale and purchase of any building or a rental agreement for any building. The exact notice language is in the statute.

Notice to favor Landlord may be from or about service providers who desire to gain access to a building, such as workers to install or service tenant’s phone, internet service, satellite receivers, or plumbing a tenant is responsible to maintain, to name a few examples. The notice should include who may enter a building, when entry is permitted, and a statement why access is needed. Landlords should always have the right of entry, with prior notice to tenant, to inspect the premises and to show premises to prospective buyers, tenants and lenders.

Notices to favor tenant may require landlord to give notice before maintenance or repairs are started in or near tenant’s lease space. Entry to tenant’s space is allowed after first giving notice, to make repairs, replacements and improvements necessary for the safety or preservation of the building. To prevent abuse, tenant may demand that landlord’s right of entry may not disturb tenant’s permitted use of its premises or must be during certain non-work hours.

A commercial lease should state how notice must be delivered to landlord or tenant and how much time is required between giving notice and gaining access. Permission to enter should be for a limited time and only during stated times.

There are many types of notice to serve a variety of purposes to help both landlord and tenant. Notice provisions in leases often are not given the respect they deserve. Read the notice provisions that may appear throughout the lease so you may make sure you can live with the notice requirements whether you are the one to give or receive notices.

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