How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 7455
Experience:  Just Answer consultant at Self employed
63726236
Type Your Landlord-Tenant Question Here...
legalgems is online now
A new question is answered every 9 seconds

1 year left on a commercial lease on a warehouse in miami.

Customer Question

1 year left on a commercial lease on a warehouse in miami. Place is infested with termites, we hired an exterminator last year when we moved in for the roaches and mice.
it is 100% under air but the a/c can only get to 83 on a hot day.
can i break this lease early, termites are getting into our wood inventory and catalogs/papers
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 4 months ago.

If the lease is silent to the issue, the court will look to see if the landlord is in breach of the lease (residential leases have implied warranties of habitability whereas commercial leases do not).

If the problem can be remedied by extermination, the court will generally expect that this method by used, as the court attempts to resolve issues by using the simplest means available. Depending on who is responsible for extermination fees (for commercial leases it is typically the tenant) the court will order that party to pay to exterminate. If the lease specifies it is the landlord and the landlord fails to exterminate, the tenant may withhold rent pursuant to the below statute. The Maintenance and Repair section of the lease should address this.

83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.—When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period of time for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease. This section is cumulative to other existing remedies, and this section does not prevent any tenant from exercising his or her other remedies.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars *****

as I strive to provide my customers with great service.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 4 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

Customer: replied 4 months ago.
please, i have been trying to pick my brain.we occupy 25% of this building, 50% is occupied by owner/cabinet maker. two brothers that only speak spanish, I only english, there is a wife that translates and is my point of contact.btw. 6/15 and 6/19 i noticed the back door jam was broken, i went over to the neighbor/owner, he looked at is and i was 100% certain he said his brother would be back in 2 hours and come over and look at it. so far to this day no one has looked at it, 2 and 1/2 weeks with no care or consideration for their property.i contacted them originally contacted and spoke to the wife by phone on 6/25, and indicated we were interested in seeing if we could break the lease early, offer 3 months payment to do so from move out.
she said she needed to talk about it with the owners, from then i texted her 3 times, the first she responded and said she would get back to me by 8/1, the 2 texts i sent have not been responded to.the one i sent her today in the afternoon, said that when i called last week it was actually because we found many termite wings and bodies, and we needed to make sure our wooden merchandise was safe. her husband and brother have both been there all day and just left without coming over to see indications of termites in the building they own.how much longer does this need to continue before i have a legitimate enough reason to break lease.looking for anything here
Expert:  legalgems replied 4 months ago.

That is frustrating- it is surprising when owners aren't concerned about the ongoing deterioration to their property since that will ultimately affect their bot***** *****ne.

Per the statute, written notice would need to be given requesting the repair, and then there is a 20 day waiting period. After the waiting period the statute allows the tenant to withhold rent or abandon the premises. The problem is that if the problem can be solved (ie exterminator, hiring a handyman) then the court will typically expect the tenant to repair and deduct, because the court expects a party to utilize the least aggressive technique when resolving a legal issue. If the maintenance problems are ongoing and fully documented, then that will help but it would be best, ***** ***** liability, to have an attorney draft a letter to send to the landlord, summarizing the issues and how the tenant is contending the landlord is in breach, and that the tenant will vacate the premises by X date if the repairs are not undertaken or if no response is received from the landlord. The more efforts the tenant makes to make a good faith effort to either get a release from the landlord, or to rectify the problem, the more likely the court will ultimately side with the tenant.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars *****

as I strive to provide my customers with great service.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 4 months ago.
can i send you the lease to review, it is attached
Expert:  legalgems replied 4 months ago.

Hello; unfortunately I cannot review legal documents because reviewing such documents can create the impression of a legal relationship such as an attorney/client relationship and I can only provide legal information, not advice. So if you would like clarification on the above, I would be able to provide that information; but reviewing the terms of the lease is beyond what I am able to do. Thank you for understanding!

Customer: replied 4 months ago.
can you charge an additional amount and i agree there is no attorney/client relationship, this is for legal information only and if i want to consult an attorney that is not your capacity in this relationship/instance, this information is for information purposes only.
Expert:  legalgems replied 4 months ago.

Unfortunately I am not able to do that; but you can post a new question and put Document Review and see if other attorneys are able to offer that service.

Expert:  legalgems replied 4 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

Related Landlord-Tenant Questions