Fort Lauderdale Commercial Real Estate Laws

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The purchase, sale, or lease of commercial real estate represents a major financial undertaking for a business. Whether the prospective location is to be a company’s headquarters or a brick-and-mortar storefront, getting the contract right is essential. Following all laws and regulations when dealing with government agencies and your neighbors is also crucial.

Having a knowledgeable attorney by your side helps you better understand the nuances of Fort Lauderdale commercial real estate laws. Our team at All Florida Real Estate Lawyers can negotiate and draft contracts as well as address any concerns that may arise during property ownership. Reach out today to learn more about how we can put our years of experience to work for you.

Commercial Property Lease and Sale Laws

In general, parties are free to include whatever language they would like in a contract, as long as it does not contain illegal clauses. For example, Florida Statutes § 83.20—which governs removing tenants from commercial property—states a landlord can only act to remove a tenant in the case of a failure to pay rent or when a rental contract is materially breached. Any attempt to evict a tenant or language within a rental contract that contradicts this law is invalid.

Another common question that prospective buyers ask during the sale of commercial real estate is whether the seller has an obligation under the law to disclose known defects in the land. While sellers of residential real estate have an affirmative duty to let a potential buyer know of any problems that affect the property’s value, there is no such obligation in commercial real estate transactions. As long as a seller does not actively conceal a potential problem and the buyer has a chance to inspect the property, the seller is not liable for any undisclosed issues. A seasoned Fort Lauderdale attorney can provide more information about commercial real estate laws as they apply to the transfer of property.

Commercial Laws Regarding Land Use and Neighbors

While property owners and tenants of commercial land have the right to use that land for their intended purpose, this right is not absolute. Property owners and tenants cannot interfere with the ability of a neighbor to have peace and quiet on their land.

One way landowners could violate this law is by having a nuisance on their property. A nuisance is anything that annoys, endangers, or interferes with another person’s health, safety, or enjoyment of their land. Under Fla. Stat. § 823.05, the state’s attorney or another legal agency may move to demand that a property owner remove the nuisance. Additionally, when a nuisance affects the value or health of someone’s property, that person can seek compensation through civil litigation.

Government agencies also have the authority to enforce zoning rules concerning commercial property. Individuals looking to do business on a property must ensure the local zoning laws allow for that kind of activity. An attorney can help determine the current status of a piece of land in Fort Lauderdale as well as defend property owners against alleged violations of commercial real estate laws.

Contact an Attorney To Discover More About Fort Lauderdale Commercial Real Estate Laws

Owning, selling, purchasing, or leasing commercial property in Florida and throughout the United States requires you to have a knowledge of the law. This includes what information you must provide during a potential sale, understanding limitations on lease contracts, and knowing how you can use your land according to the local laws and property rights of others.

Allowing an attorney from All Florida Real Estate Lawyers to take the lead in your case can bring a better understanding of Fort Lauderdale commercial real estate laws. Reach out to our team today to get started.