Q: Can a property manager non-renew a lease as retaliation on a nonresidential property?
I've asked my property manager at my business location to please enforce the lease. My neighbor runs a machine that vibrates the building around my office. I've been unable to use my office for 6+ months. The lease has a specific clause that machines that vibrate the building or cause a disturbance with other units, must be put on an isolation pad (eliminates vibration being transmitted to the building. The property manager refuses to enforce the provision. He verbally told me he was non-renewing my lease 1 day after receiving a letter offering to renew. The next business day he sent me a letter referencing our conversation (My asking him to enforce the noise provision), reiterating that the offer to renew was being rescinded due to our conversation. I have had no complaints from anyone. Retaliation is the only reason for his non renewal. Does FS 83.64 not also extend to nonresidential leases?
A: A landlord can refuse to renew a contract for any reason as long as it is not discriminatory (based on race, sex, color, etc.). FS 83.64 is residential leases. Chapter 83, Part 1 governs non-residential leases. I would think the landlord would have agreed with you the machinery needed to be on an isolation pad; otherwise, he will have the same problem with the next tenant but if your lease is expiring soon trying to enforce this for the remainder of the lease might now be worth your time and money. If you still have some months left on your lease, take it to a landlord/tenant attorney for advice on if you should proceed and, if so, how.
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