In any commercial contract, there are several things you are going to want to be sure the document has. However, in addition to having each of the “nuts” and “bolts” that are necessary to accomplish your objectives, all of the contract’s pieces need to mesh together into one cohesive, clear, and unambiguous agreement. If the document lacks clarity and unambiguity, this may lead to problems for you later, including in circumstances in which you need to litigate a dispute over the agreement, as one commercial landlord found in its recent Florida court case. To protect your interests, make sure you are working with an experienced and knowledgeable Florida landlord-tenant attorney when it comes to the preparation of your lease agreement.
The recent case was a dispute between a Miami-Dade landlord and its commercial tenant. The tenant was a seller of watches, jewelry. and other valuables. The landlord provided a master safe for storage of the tenant’s valuable items. The lease contract stated that the landlord assumed no legal responsibility for losses due to burglary, fire, or the vault doors failing to close properly. At some point, the tenant suffered a loss and sued the landlord for that loss. According to the tenant’s lawsuit, the landlord allowed an unauthorized person to access the master safe, and that unauthorized person removed $2 million worth of the tenant’s items.
The landlord took the logical step of asking the trial judge to throw out the case. The landlord’s argument was that the exculpatory clause in the lease agreement clearly covered the scenario that triggered the tenant’s loss, which meant that the landlord had no liability, and the tenant had no case. The trial judge agreed and ordered the matter dismissed.