Florida Commercial Lease Guide

Commercial Lease Guide for Florida

A practical, tenant-focused guide to reviewing Florida commercial leases — not legal advice.

Key Lease Considerations

Florida leases have a few “Florida-specific” cost drivers that can surprise tenants: sales tax on commercial rent, hurricane-related insurance costs, and deductibles that may be passed through CAM.

This guide helps you budget the real monthly number, understand storm-related responsibilities, and negotiate clear rules for insurance, repairs, and business interruption risk.

Major markets

Where we see the most leasing activity.

Miami/Fort Lauderdale
Orlando
Tampa/St. Petersburg
Jacksonville

Common lease types

Typical structures and what to watch.

Retail: NNN is common (watch CAM scope, co-tenancy, and storm-deductible pass-throughs)
Office: modified gross or full service (after-hours HVAC and utilities)
Industrial: NNN (roof, exterior, and yard/drive areas)

Cost drivers

Items that often create surprise bills.

Sales tax on commercial rent (budget it as part of occupancy cost)
Insurance premiums and hurricane deductibles (and who pays them)
CAM/NNN definitions (capital items and admin markups)
Roof/exterior repairs and storm damage allocation
Flood zones, water intrusion, and mold-related clauses

Negotiation checklist

Budget the real monthly number

Ask for an occupancy cost worksheet: base rent + estimated CAM/NNN + estimated insurance + utilities + sales tax on rent. Compare locations with “all-in” cost, not just rent.

Hurricane insurance and deductibles

Clarify who pays hurricane/windstorm deductibles and when deductibles can be billed through to tenants. Avoid open-ended “tenant pays all deductibles” language without caps and documentation.

Storm damage and restoration rules

Define what happens after a casualty event: rent abatement, termination rights if restoration takes too long, and who controls insurance proceeds and contractor selection.

CAM transparency and exclusions

Require budgets, reconciliation, and audit rights. Exclude capital replacements and landlord overhead. Clarify what “administrative” fees apply to CAM/insurance handling.

Water intrusion and mold clauses

Avoid blanket tenant liability for mold or water intrusion without clear landlord building-envelope obligations. Confirm who maintains roof, drainage, and exterior walls.

Default language + cure periods

Add notice + cure periods and avoid rent acceleration. Ensure late fees/interest are reasonable and attorney-fee shifting is not unlimited.

Official resources

Florida Division of Corporations (Sunbiz) — entity search Florida Department of Revenue Florida SBDC Network

Not legal advice. Always verify local requirements and consult qualified professionals for your situation.

Common Red Flags in Florida

Commercial real estate in Florida typically favors the landlord in standard lease drafts. Whether you are in Tallahassee or elsewhere, you need to watch out for:

Uncapped NNN Charges: Variable costs like property taxes and insurance can skyrocket.
Broad Indemnification: Clauses that require you to pay for the landlord's negligence.
Relocation Clauses: Rights for the landlord to move your business to a worse location.

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Frequently Asked Questions

Is there sales tax on commercial rent in Florida?

Often, yes — many Florida commercial rentals include state (and sometimes local) tax on rent. Treat it as part of occupancy cost and confirm how it will be billed in the lease.

What’s the biggest Florida lease risk for tenants?

Hurricane-related costs. Insurance premiums and deductibles can be significant, and some leases push deductibles and storm repairs onto tenants without limits.

How should I handle hurricane casualty clauses?

Negotiate clear rent abatement during restoration and termination rights if repairs exceed a defined timeframe. Confirm who controls insurance proceeds and whether you can exit if the space becomes unusable.

Are NNN leases common in Florida?

Yes — especially in retail and industrial. The critical step is understanding CAM/NNN definitions and ensuring capital replacements and storm-related costs are treated fairly.

Does BizLeaseCheck replace a Florida lease attorney?

No. It helps you spot common risks quickly and compare options, but it’s not legal advice. Use it as a starting point before professional review.