Commercial landlords face many potential challenges with regard to their tenants. For example, what does it mean if a tenant stays on past the expiration of the lease period but continues paying rent month to month? What does it mean if that tenant eventually stops paying rent but still does not vacate the property? Each of these two scenarios is legally different and may call for different legal responses. To ensure that your interests are fully protected, make sure you have a knowledgeable South Florida landlord-tenant attorney representing your business.
Recently, a court outside Florida was presented with an interesting legal question. In the case, a commercial tenant (a medical clinic) had leased a space from a landlord. The term of the most recent written lease had expired in 2003. After that expiration, the tenant remained, paying rent month-to-month. In July of 2011, the tenant stopped paying rent. In December, the landlord sent a notice telling the tenant to pay up or get out. The tenant did not respond.
The landlord next filed an unlawful detainer action. Between the filing of the unlawful detainer action and the order of eviction, plumbing problems caused raw sewage to flow from the sinks in the space, permanently damaging the medical equipment, supplies, and patient records of the tenant. The tenant sued the landlord for negligence (among other causes of action). The case went to the Court of Appeal, which determined that the landlord was not liable to the tenant for damages.