Longwood, FL asked in Real Estate Law for Florida

Q: I have signed a 5 year lease on a commercial property. I am 5 months into the lease. The owner is now selling.

The contract does have a 60 day early termination clause due to sale. I have recently been notified by the landlord that he is selling and I will need to leave. While I understand the ET Clause in the contract is there a guideline as to the length of time a landlord must honor on the lease. It seems awfully deceptive to me that the landlord would sign a five year lease to immediately turn around and sell the building, costing my business a tremendous amount of money. Do I have any recourse or options?

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1 Lawyer Answer
Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: The lease governs, and you should have had an attorney review it before signing and not signed if you did not agree with that term. Typically a new landlord steps into the shoes of the old and collects rent under the same lease terms going forward, but it sounds like you gave landlord an out and able to terminate your lease with 60 days notice. You can bring it to an attorney now, but the damage may already be done now.

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