Legal Question in Landlord & Tenant Law in Florida

If a person rents a commercial space in small strip mall, after he has rented for a year or so roof starts leaking. In June 2013 could not enter because of mold from water leaking . Refused to pay rent until roof was fixed, Owner locked him out and kept all his property stored in building without any notice. Can anything be done to get property back? Bradenton, FL 34209

Asked on 10/17/13, 12:45 pm

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

The written lease controls the relationship between the parties. Who is responsible under the lease for repairing the roof and the damages from such a leak? Not controlled by statute but by contract.

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Answered on 10/17/13, 12:51 pm
David Slater David P. Slater, Esq.

Your potential rights would have been spelled out in the lease and FS 83 Nonresidential Tenancies.

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Answered on 10/17/13, 1:05 pm
Lucreita Becude Lucreita D. Becude, P.A.

My colleagues are correct - it will depend on what the lease stated. Also if you stopped payment did you place the funds in the depository with the Clerk of Court's Office or an account to show that you have the funds for the rend. If his lease covers the roof damage then you are entitled to compensation for loss of your property and business. I suggest you hire a commercial litigator asap as the attorney fees are probably covered under the lease.

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Answered on 10/21/13, 7:17 am

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