Florida Commercial Lease Agreement Form

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A Florida commercial lease agreement is a contract for renting business property. Fla. Stat. § 83.001 applies Part I of Chapter 83 to nonresidential tenancies such as this one. The lease serves Florida landlords and business tenants, especially for offices, shops and warehouses.

The guide below walks through each part of the form, the lease types, the Florida statutes that apply and the questions to settle before signing.

Key facts

  • The lease covers nonresidential property, which Fla. Stat. § 83.001 places under Part I of Chapter 83.
  • The form is titled Commercial Lease Contract, Triple Net, so its printed text covers operating expenses, maintenance and repairs on top of base rent.
  • A lease for a term of more than 1 year is created only by an instrument in writing under Fla. Stat. § 689.01.
  • The lease needs no subscribing witnesses: Fla. Stat. § 689.01 provides that none shall be required for a lease of real property.
  • A tenant who holds over without the landlord's permission after a rent default can be removed once a 3 days' notice in writing requiring the payment of the rent or the possession of the premises has been served (Fla. Stat. § 83.20).
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What a Florida Commercial Lease Agreement Includes

A Florida commercial lease agreement names the parties, the premises, the term and the rent, then sets who pays the building's running costs, how the tenant may use the space and what happens on a default.

The form adds the clauses that set a business lease apart from a home rental: a permitted use, a rent schedule, shared operating costs, insurance limits and broker commissions. Each one has its own part below.

Premises and Permitted Use

The premises description gives the street address, city, county and square footage of the space, for example a storefront in Oviedo, Seminole County, or an office suite in Miami-Dade County.

The permitted use clause names the business that may run on the premises, such as a retail shop, a medical office or a warehouse. A narrow use clause can block a later change of business, so word it to fit the tenant's plans for the whole term.

Rent Schedule and Rent Increases

The rent schedule lists each period of the term with its monthly and annual rent, one row for each change, so both parties see every increase before signing.

The total rent for the term and the first monthly installment sit just above the schedule. The schedule and the total should add up to the same figure.

Operating Expenses in a Triple Net Lease

A triple net lease passes the property's running costs, such as property taxes, building insurance and maintenance, to the tenant in addition to base rent.

The form's printed sections on operating expenses, maintenance and repairs say which costs move to the tenant and how they are billed. Read them before agreeing to the rent figure, since the base rent is not the whole monthly cost.

Tenant's Share in a Multi-Tenant Building

The multiple tenancy section sets the tenant's percentage share of the building's costs from the square footage figures, with an estimate of the amount for the opening year.

A tenant in a single-tenant building leaves this section blank and pays the costs the operating expense sections assign.

Security Deposit

The security deposit section takes the deposit amount the parties agree on, and the rest of the section is printed terms on how the landlord holds and applies the deposit.

Insurance and Indemnity

The lease sets single limit coverage amounts for injury or death of persons and for property damage twice: once in the tenant's insurance clause and once in the landlord's.

The indemnity text that goes with each clause says which party answers for a claim that starts on the premises.

Possession and Landlord Work

The possession section gives the date the tenant takes the space, and it refers to the Landlord Work Addendum, which lists the work the landlord finishes before the tenant moves in.

Late Charge and Broker Commission

The default and remedies section ends with a late charge, written as a percent of any payment due, which the tenant pays when rent arrives late.

The real estate commission section names the landlord's broker and the tenant's broker, each with the commission amount or percent.

Triple Net vs Gross Commercial Lease

A triple net commercial lease makes the tenant pay base rent plus property taxes, building insurance and maintenance, while a gross lease folds those costs into one rent figure.

Lease typeThe tenant paysThe landlord pays
Gross leaseOne rent figureProperty taxes, building insurance and maintenance
Modified gross leaseRent plus the costs the parties nameThe costs the lease leaves with the landlord
Single net leaseBase rent plus property taxesBuilding insurance and maintenance
Double net leaseBase rent, property taxes and building insuranceMaintenance
Triple net leaseBase rent, property taxes, building insurance and maintenanceOnly what the lease reserves to the landlord

The form on this page is a triple net lease by its title. A tenant comparing offers should ask each landlord for the past operating expense figures, so a gross rent and a net rent can be compared on the same basis.

Florida Rules for Commercial Leases

A Florida commercial lease falls under Part I of Chapter 83, since Fla. Stat. § 83.001 applies that part to nonresidential tenancies and all tenancies not governed by Part II.

Written Lease and Witnesses

A lease for a term of more than 1 year is created only by an instrument in writing under Fla. Stat. § 689.01.

Fla. Stat. § 689.01 also provides that no subscribing witnesses shall be required for a lease of real property.

A written lease keeps the rent schedule, the shared costs and the permitted use in one signed document that both parties can check later. Commercial lease agreements are flexible, so the written text is the only place the agreed terms are fixed.

Commercial vs Residential Lease Rules in Florida

The security deposit deadlines that Florida renters read about come from Fla. Stat. § 83.49, whose surety bond rule refers to the county where the dwelling unit is located.

The commercial form sets the deposit amount and the deposit terms in its own Security Deposit section, and the other lease agreement types cover home rentals.

Florida Commercial Lease Agreement Form Details

Document Name Florida Commercial Lease Agreement Form
Other Name FL Commercial Lease Agreement
Relevant Laws Florida Statutes, Chapter 83, Part I (Fla. Stat. § 83.001)
Avg. Time to Fill Out 17 minutes
# of Fillable Fields 96
Available Formats Adobe PDF
Template Preview
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How to Fill Out a Florida Commercial Lease Agreement

The Florida commercial lease agreement form is filled out section by section, from the date line at the top of the first page to the signature blocks at the end.

This guide follows the FormsPal Florida commercial lease agreement template on this page, which has 96 fillable fields on 9 pages. Type your answers in the PDF or in the PDF editor, and work through the steps in order. Each step matches one part of the form.

The screenshots under each step show the FormsPal Florida commercial lease agreement template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Commercial Lease Contract - Triple Net. At the top of page 1, enter the date of the lease, then the Landlord's name and address and the Tenant's name.
    Step 1 to filling out a florida commercial lease date Step 2 to filling out a florida commercial lease form lessor name and address
    Florida commercial lease agreement: COMMERCIAL LEASE CONTRACT - TRIPLE NET, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Sections 1 to 4: premises, use, term and rent. Enter the Tenant's address, then the street address, city, county, state and square footage of the premises (Section 1). Add the permitted use (Section 2), the length of the term with its start and end dates (Section 3), and the total rent with the first monthly installment (Section 4).
    Step 3 to filling out a florida commercial lease sample lessee name and address Step 4 to filling out a florida commercial lease example premises Step 5 to filling out a florida commercial lease form purpose and conditions Step 6 to filling out a florida commercial lease template term, renewal options, etc
    Florida commercial lease agreement: , who hereby agree as follows, filled with sample entries
    Step 2: sample entries, not a real document.
  3. Section 4: rent schedule. In the table under Section 4, give each period's month range with its monthly and annual amounts. Use one row for each rent change and leave unused rows blank.
    Florida commercial lease agreement: follows, filled with sample entries
    Step 3: sample entries, not a real document.
  4. Section 5: Security Deposit. Enter the deposit amount in Section 5. The rest of the section is printed text, so read it before you move on.
    Step 8 to filling out a florida commercial lease sample security deposit
    Florida commercial lease agreement: SECURITY DEPOSIT, filled with sample entries
    Step 4: sample entries, not a real document.
  5. Section 6: Possession. Enter the date possession starts. The printed text refers to Exhibit C, the Landlord Work Addendum.
    Florida commercial lease agreement: Possession possession shall be on, filled with sample entries
    Step 5: sample entries, not a real document.
  6. Section 8: Indemnity and Liability Insurance (Tenant). Enter the single limit coverage amounts for injury or death of persons and for property damage in the Tenant's insurance clause.
    Florida commercial lease agreement: Sum, filled with sample entries
    Step 6: sample entries, not a real document.
  7. Section 9: Indemnity and Liability Insurance (Landlord). At the top of page 3, enter the single limit coverage amounts for injury or death of persons and for property damage in the Landlord's insurance clause.
    Florida commercial lease agreement: Limit coverage of not less than, For injury to or and more, filled with sample entries
    Step 7: sample entries, not a real document.
  8. Section 12: Multiple Tenancy Building/Complex. If the premises are part of a multi-tenant building, enter the Tenant's percentage share, the square footage figures and the estimated amount for the first year.
    Florida commercial lease agreement: Share, Sqft and more, filled with sample entries
    Step 8: sample entries, not a real document.
  9. Section 26: Default and Remedies. In the last lines of Section 26, enter the late charge as a percent of any payment due.
    Florida commercial lease agreement: Of any payment due, filled with sample entries
    Step 9: sample entries, not a real document.
  10. Section 29: Real Estate Commission. Enter the Landlord's Broker with the commission percent, then the Tenant's Broker with the amount and percent.
    Florida commercial lease agreement: Broker, In the amount of and more, filled with sample entries
    Step 10: sample entries, not a real document.
  11. Section 37: Addenda and Exhibits. Tick the boxes for the addenda and exhibits you attach, and fill in the number of originals above the signature lines.
    Florida commercial lease agreement: ADDENDA AND EXHIBITS, filled with sample entries
    Step 11: sample entries, not a real document.
  12. LANDLORD. The Landlord signs on the By line under LANDLORD.
    Florida commercial lease agreement: LANDLORD, filled with sample entries
    Step 12: sample entries, not a real document.
  13. TENANT. The Tenant signs on the By line under TENANT, then adds the title, date and time.
    Florida commercial lease agreement: TENANT, filled with sample entries
    Step 13: sample entries, not a real document.

How to Sign and Use the Florida Commercial Lease Agreement

The Florida commercial lease agreement is ready to sign once every blank and every attached exhibit has been checked by both parties against the terms they agreed on.

  1. Read the sections on lease obligations, insurance coverage, bankruptcy, damage, default and operating expenses carefully. To ask questions about any section, upload the lease to Chat with PDF.
    Step 7 to filling out a florida commercial lease form operating expenses
  2. Check that both names, both addresses and the premises description match your IDs and your property papers.
  3. Sign each original: the Landlord on the By line under LANDLORD, then the Tenant on the By line under TENANT with the title, date and time.
    Step 10 to filling out a florida blank commercial lease signature
  4. Keep one signed copy for each party, and store the addenda and exhibits together with the lease.

The signing needs no witnesses, since Fla. Stat. § 689.01 provides that no subscribing witnesses shall be required for a lease of real property.

When a Florida Commercial Tenant Can Be Removed

Fla. Stat. § 83.20 lists the causes for removal of a tenant of houses, lands or tenements, including a tenant under a lease for one or more years.

  • Holding over: the tenant stays in possession after the term ends without the landlord's permission (Fla. Stat. § 83.20).
  • Unpaid rent: the tenant holds over without permission after a rent default, and a 3 days' notice in writing requiring the payment of the rent or the possession of the premises has been served (Fla. Stat. § 83.20).
  • Another material breach: the tenant fails to cure a breach other than nonpayment after a 15 days' written notice has been served, a rule that applies only when the lease is silent on the matter or the tenancy is an oral one at will (Fla. Stat. § 83.20).

Fla. Stat. § 83.20 lets the breach notice give a longer time to cure the breach or surrender the premises.

Fla. Stat. § 83.20 has the rent notice served by delivery of a true copy or, if the tenant is absent from the rented premises, by leaving a copy at the rented premises.

The lease's own default and remedies section sets the late charge and the remedies the parties agreed to, so read it together with these causes. A Florida eviction notice puts a demand for rent or possession in writing.

What to Ask Before You Sign

A commercial lease is negotiated term by term, so the questions asked before signing decide the costs and limits the tenant lives with for the whole term.

  • Is the property meant for commercial use only, and does it fit the planned business?
  • Is the sublease option available, and can the lease be assigned on a sale of the business?
  • Who takes care of maintenance, and who pays for roof, structure and parking repairs?
  • How are operating expenses estimated, and how often are they reconciled?
  • Which rent increases does the schedule set, and when do they start?
  • Is there an option to renew, and at what rent?
  • What work does the landlord finish before possession?
Tip: Before you meet the landlord, write down your questions about rent, maintenance, renewal and subleasing. Note each answer, so you can compare the terms of different leases.

The landlord's side of the negotiation looks at the tenant's business history, the insurance limits and the planned use, since damage to the premises affects the property's value for later tenants.

Landlords and business tenants who sign several leases sometimes need other paperwork as well. Examples include the Florida eviction notice, the Florida promissory note and, for a tenant that is an LLC, the Florida LLC operating agreement.

Frequently Asked Questions

Is there a standard commercial lease agreement in Florida?

A Florida commercial lease is a negotiated contract, so its terms come from the parties rather than one fixed text. The form on this page is a general triple net lease that holds the usual sections, and the parties write any agreed change into the lease or an addendum.

Does a Florida commercial lease need witnesses?

A Florida commercial lease needs no subscribing witnesses, since Fla. Stat. § 689.01 provides that none shall be required for a lease of real property.

Do Florida security deposit rules apply to a commercial lease?

No: the deposit rules of Fla. Stat. § 83.49 are written for a dwelling unit, and Fla. Stat. § 83.001 places a nonresidential tenancy under Part I of Chapter 83, not Part II. The lease's own Security Deposit section sets the deposit amount, how the deposit is held and when it is returned.

Where do the rent amounts go on the form?

The total rent and the first monthly installment go in Section 4. The rent schedule table sits just below it, with one row for each change in the monthly and annual amounts.

Can I use the template for an office, a shop or a warehouse?

The template is a general commercial lease form. Section 2 has a line for the permitted use, so you can name the office, shop or warehouse business that will run on the premises.

How long does it take to fill out the template?

The details table above lists about 17 minutes for the 96 fillable fields. Keep the premises description, the rent figures and the broker details at hand to finish faster.

How should I store the signed lease?

Keep one signed copy for each party. Store the exhibits and addenda with the lease, and keep a scan as a backup in case a paper copy is lost.

General information, not legal or tax advice.

Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.