Florida Rent Abatement Clause Providing for a Landlord Remedy and Damages

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This office lease clause states that the tenant shall be entitled to a conditional rent credit against each monthly installment of fixed rent payable during such rent credit period, but during such rent credit period the tenant shall otherwise be required to comply with all of the other terms, covenants and conditions of this lease on the tenant's part to be observed and performed, including but not limited to, payment of any increases in fixed as long as the tenant is not in default.

A rent abatement clause is a crucial component of a lease agreement that provides provisions for both landlords and tenants in Florida. This legal term refers to a stipulation that allows for a temporary reduction or suspension of rent payments in case there is a breach of the lease agreement or if the rental property becomes inhabitable due to certain circumstances. In Florida, a rent abatement clause provides landlords with a remedy and the opportunity to claim damages when specific conditions are met. It safeguards their rights and financial interests while ensuring that tenants receive appropriate compensation or remedies in case of any rental property issues. There are different types of rent abatement clauses in Florida, and they vary based on the circumstances that trigger their activation. Some common types include: 1. Maintenance and Repair Issues: This type of rent abatement clause allows tenants to withhold rent or seek a reduction if the landlord fails to address maintenance or repair issues within a reasonable timeframe. Examples include plumbing problems, electrical faults, or structural damage that renders the property uninhabitable. 2. Health and Safety Violations: When there are health and safety violations within a rental property, such as the presence of mold, asbestos, or pests, tenants can exercise their rights to abate rent until the issues are resolved. These clauses ensure that landlords are held responsible for maintaining safe and habitable living conditions. 3. Property Damage: If the landlord's negligence or external factors such as natural disasters cause significant damage to the rental property, tenants can invoke a rent abatement clause. It allows them to either reduce the rent or temporarily suspend payments until necessary repairs are completed. 4. Constructive Eviction: In cases where the landlord interferes with the tenant's use and enjoyment of the property significantly, this type of rent abatement clause comes into play. Tenants can seek remedies by withholding rent when their rights are violated, such as the landlord failing to provide essential services, harassment, or creating uninhabitable conditions. Landlords in Florida can include specific language regarding rent abatement clauses in their lease agreements to protect their interests and outline the conditions under which they may be invoked. Likewise, tenants should fully comprehend the terms and conditions to exercise their rights appropriately. By implementing a rent abatement clause, landlords and tenants create a fair and balanced legal framework to address rental property issues while minimizing any potential disputes. It is always advisable to consult with an experienced attorney to ensure compliance with Florida laws and regulations when including such clauses in lease agreements.

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FAQ

Under Section 83.63, Florida Statutes, if the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant, so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises.

If the security deposit doesn't cover all the damages caused by a tenant, a landlord is entitled to sue a tenant to recover the additional money. Often, a landlord will seek damages small enough to be handled by Small Claims Court, which in Florida is $5,000 or less.

83.03 Termination of tenancy at will; length of notice. 83.04 Holding over after term, tenancy at sufferance, etc. 83.05 Right of possession upon default in rent; determination of right of possession in action or surrender or abandonment of premises. 83.06 Right to demand double rent upon refusal to deliver possession.

(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement.

Section 83.53(1), F.S. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises. Section 83.53(2), F.S. ?The landlord may enter the dwelling unit at any time for the protection or preservation of the premises.

Florida Statute 83.56 states a tenant should write to the rental unit owner or property manager outlining that you need the mold problem fixed (or other problems with the unit), and that if it is not fixed within 7 days, then you intend to terminate the rental agreement and move out.

Section 83.20 provides a cause of action for removal of a commercial tenant under the following circumstances:The tenant continues in possession of the premises after expiration of the rental without the permission of the landlord;The tenant holds over without permission after default in the payment of rent provided ...

83.58 Remedies; tenant holding over. ?If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59.

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A tenant will need to inform their landlord about property damage in writing as part of a rent abatement letter. The letter should be clear and direct and ... May 18, 2023 — However, the general process involves determining the rent reduction or waiver amount and the duration for which the abatement will apply. Here ...These terms will often consist of a series of clauses outlining the tenant's right if their residential or commercial property becomes unfit for occupation. Tenant acknowledges and agrees that the First Floor Additional Premises Base Rent Abatement has been granted to Tenant as additional consideration for entering ... Jul 5, 2022 — What is Commercial Rent Abatement. A rent abatement is an agreement between the landlord and the tenant that provides a period of free rent. When vacation of the premises is required for such extermination, the landlord shall not be liable for damages but shall abate the rent. The tenant shall be ... Feb 18, 2022 — First, a tenant will notify the landlord to end the lease when the landlord does not maintain the property as required by the lease or Florida ... Florida law requires both landlord and tenant to exercise “good faith” and honesty in their dealings. Naturally, the law prohibits unconscionable lease clauses, ... Oct 25, 2018 — This seminar examines remedies when the lease is breached. Often landlords and tenants believe they have an “iron clad” remedy to come to ... The following is a sample clause to include in any lease to provide for the arbitration of all disputes between the parties before the American Arbitration ...

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Florida Rent Abatement Clause Providing for a Landlord Remedy and Damages