florida lease
Non residential lease: early termination
<p>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.</p>
<ul>
<li>What are the obligations of the tenant?</li>
</ul>
<p><strong>Update:</strong> <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0000-0099/0083/0083.html" rel="nofollow noreferrer">Florida Landlord &amp; Tenant hyperlink</a>: I am unable to find anything that answers said question and can not be certain that this is the only controlling law.</p>

<p>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).</p>
