Which lease agreement terms are most dangerous for small business owners signing a personal guarantee on a residential rental?
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Which lease agreement terms are most dangerous for small business owners signing a personal guarantee on a residential rental?
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Florida Statutes residential landlord tenant mitigation damages section 83.595 attorney fees 83.48 personal guaranty leaseGoogle ↗
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Florida Statutes residential landlord tenant mitigation damages section 83.595 attorney fees 83.48 personal guaranty lease Google ↗
- Chapter 83 Section 48 · m.flsenate.gov
- Chapter 83 - 2026 Florida Statutes · flsenate.gov
- The Family Trust persuasively argues that a lease cannot abridge the rights afforded under the Florida Residential Landlord and Tenant Act (the “Act”). See § 83.40 et seq., Fla. Stat. (2018). To that end, section 83.47, Florida Statutes, declares void and unenforceable any provision in a rental agreement that “purports to waive or preclude the rights, remedies, or requirements . . . or preclude any liability of the landlord to the tenant or of the tenant to the landlord, arising under law.” § 83 · flcourts-media.flcourts.gov
- Under the first remedy, a landlord may decide it no longer desires to enforce the lease, choose to “[t]reat the rental agreement as terminated,” and resume exclusive possession of the premises for its own purposes. *Id.* § 83.595(1). Under this remedy, the tenant would not be liable for any rent that accrued after the repossession. *Id.* Similarly, in accordance with the terms of the rental agreement, the landlord could terminate the tenancy and resume exclusive possession early under the fourth · flcourts-media.flcourts.gov
- Real Estate Litigation 2026 - USA – Florida | Global Practice Guides · practiceguides.chambers.com