Florida’s commercial lease landscape continues to evolve, with recent case law reshaping how landlords and tenants interpret lease clauses, remedies, and termination rights. Here are some of the most impactful rulings from 2024 and how they affect lease negotiation and enforcement going forward.
Key Rulings
- Remedies for Tenant Default: In Gulfstream Shops v. Veridian Group, the court reinforced the landlord’s right to accelerate rent after default but emphasized the need for clear, enforceable lease language.
- Force Majeure Clauses and Pandemic Fallout: Florida appellate courts have continued to limit the applicability of force majeure clauses in COVID-related closures—highlighting the need for tailored language for future events.
- Implied Waiver and Estoppel: In Sunrise Holdings v. Mapletree Retail, inconsistent enforcement of late fees led the court to find waiver, illustrating how landlord behavior can erode lease enforcement rights.
What Landlords & Tenants Should Do
- Review standard lease provisions in light of recent case law
- Clarify remedies for default, late payment, and early termination
- Train property managers on consistent enforcement to avoid claims of waiver
- Consider arbitration clauses as courts face growing backlogs
Real estate attorneys should proactively update lease templates and advise clients on litigation risks. With case law evolving quickly, a “set-it-and-forget-it” approach to commercial leasing is no longer viable.
