Landlord and Tenant Statutes are defined and are covered in Chapter
83 of the Florida Statutes. The different types of tenants are defined by the
law and are divided into three: These include the following types of tenants: Non-residential
Tenancies, Residential Tenancies, and Self-service Storage Space.
We will take a look at florida legal forms the differences in Non-residential and
Residential Tenancies. The Florida Legislature has also developed reasons as to
why differences were set for commercial and residential properties in the
state.
Part I (Statutes 83.001 to 83.251) covers Non-residential Tenancies
while Part II (Statutes 83.40 to 83.682) covers Residential tenancies. Statutes
in Part II may not be used for purposes of Part I; and vice-versa.
Florida Courts think that landlords that own commercial property in
the state have substantial inequality when it comes to bargaining positions in
securing a negotiation for lease of property, whether it be commercial, or
residential. When it comes to commercial tenancies, both landlord and tenant
are viewed by Florida courts as coequal businessmen, which means that both
sides are able to possess equal financial and material resources and knowledge
when it comes to lease terms. On the other hand, in the residential tenancies,
the lessor-lessee relationship still exists, wherein the lessee is a consumer
in the residential market in need of special protection akin provided by the
Uniform Commercial Code of the state.
There are differences in implementations of the policies indicated
in Chapter 83 of the statutes, this is due to disparities in the lease of
commercial properties in the state by residential and commercial tenants. Part
II or the residential tendencies statutes are mandatory, whereas the Part I or
the commercial tenancies are amendable and replaceable through a written lease
agreement and are just “default provisions”, which means it may or may not be
followed.
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