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What is the controlling law regarding early termination requested by a Florida NON-residential tenant? Assume the lease does not specify a termination clause (does not specify notification / early penalty etc.

  • What are the obligations of the tenant?

Update: Florida Landlord & Tenant hyperlink: I am unable to find anything that answers said question and can not be certain that this is the only controlling law.

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In the absence of a term in the lease allowing it, the general common law rule which very likely applies in Florida in a non-residential lease (to which no industry specific regulatory law, e.g. for a nuclear power plant or a land lease) applies, is that it may only be terminated: (1) by the mutual agreement of the parties, or (2) when elected by a party seeking to terminate the lease for a material breach by the party not seeking to terminate the lease (e.g. non-payment of rent or condemnation of the premises in an eminent domain action).

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  • @ohwillike Would abandonment of the property be equivalent to your cited reason (2)?
    – gatorback
    Commented Sep 9, 2022 at 20:34
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    @gatorback Usually, abandonment of the property only potentially terminates the lease when the lease expressly makes abandonment of the property a condition of default. But, there are lots of potential factual nuances involved.
    – ohwilleke
    Commented Sep 12, 2022 at 18:12

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