Legal Question in Landlord & Tenant Law in Florida

We are being sued for breaking a retail lease in Florida and I am need of legal advice.

Naples, FL

We signed a 5 year lease in 2007 to open a wireless retail store. In 2009 the carrier sold to another carrier and we were forced to close the store. I spoke to the landlord asking what we could work out but no response back. I ended up sending him a certified letter in April 2009 summarizing the situation, letting him know that we we would be vacating,leaving the temp walls($20K) and to keep our 2 months security deposit. I never heard anything back. In June 2010 we were served papers that we were being sued for the back rent. My attorney responded and for whatever reason have not heard anything until April 2011. There is more to this but I'm out of room. What is the amount of "reasonable time" that the landlord has to file this suit and what were his legal obligations to relet the space


Asked on 5/16/12, 8:49 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

If your attorney responded then you covered yourself for the 20 days requirement period. The fact that the attorneys for the landlord have delayed until 7 or 8 months later only adds to the fact that the attorney you have did not follow up or pursue the issue. The legal obligation to relet the space is mitigating damages as it is called. If the landlord did not relet the space the court will not look in favor. He can only charge for the part of the year that was not covered. Not the full five years. So from April 2009 to December 2009 is the only amount of rent that could be charged.

You should be asking your attorney these questions. I hope you have one who litigates these types of cases because you could owe much more by not having the correct representation.

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Answered on 5/17/12, 6:28 am


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