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Ask Aaron! Your Questions on Florida Business Law Answered

What Are Your Options in a Florida Commercial Lease Dispute?

Posted by Aaron R. Resnick | Jun 23, 2026

Short Answer

Options in a Florida commercial lease dispute depend first on the lease and the type of default. A landlord may seek rent, possession, enforcement of guarantees, or other contractual remedies. A tenant may raise payment, repair, access, use, casualty, assignment, or landlord breach issues. Florida law treats nonresidential tenancies differently from residential tenancies, and lease language often controls matters the statute leaves to the parties. Before taking action, confirm notice, cure, payment, acceleration, waiver, security deposit, and dispute resolution provisions.

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almost 30 years representing business owners in high-stakes disputes.
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When This Becomes Urgent

  • Rent is unpaid, the tenant is holding over, or the premises are being abandoned.
  • A three day notice, termination, lockout, eviction, injunction, or rent registry issue is active.
  • The dispute threatens a sale, refinancing, new tenant, business opening, permit, or valuable location.

What Usually Goes Wrong

  • Using residential lease assumptions in a commercial matter.
  • Sending a defective notice that forces the landlord to restart an eviction.
  • Accepting rent, changing locks, or using self help without understanding waiver and possession consequences.

Why Miami Experience Matters

Miami commercial leases reflect the property and neighborhood. A Brickell office, Wynwood retail space, Miami Beach restaurant, Doral warehouse, and Coral Gables medical office present different operational pressure. A Miami real estate litigator understands local leasing practice, judges, property economics, and the need to protect the rest of the building or business while the dispute is resolved. Commercial eviction is not residential eviction with larger numbers.

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What to Have Ready

  • The complete lease, amendments, guarantees, assignments, and estoppel documents.
  • Rent ledger, invoices, deposits, notices, and proof of delivery.
  • Communications about default, repairs, access, use, renewal, or surrender.
  • Photos, inspection reports, permits, insurance, and casualty records.
  • The property owner's or tenant's desired business outcome and timeline.

What Typically Happens Next

Counsel identifies the default, required notice, cure rights, payment obligations, and remedy. Landlords may pursue possession and money claims while protecting the property and future leasing. Tenants may seek cure, access, declaratory relief, negotiation, or defenses supported by the lease and facts. Many disputes resolve through a surrender, payment plan, amendment, or buyout, but the agreement should be negotiated from a litigation ready position.

Related Questions and Reading

Disclaimer

This is general information, not legal advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Deadlines can be short. If your matter is time sensitive, call the office at 305-672-7495.

About the Author

Aaron R. Resnick
Aaron R. Resnick

Aaron Resnick, a graduate of Leadership Miami, is a leader in the Miami's legal and cultural arts...

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