First Right of Negotiation in Florida Leases
A first right of negotiation (FRON) gives a tenant the right to negotiate with the landlord before the property is offered to third parties. Less restrictive than a right of first refusal, FRONs are common in Florida commercial leasing.
How It Works
- Triggering event occurs (lease expiration, decision to sell or re-lease)
- Landlord must negotiate in good faith with the tenant first
- Negotiation period is specified (typically 15-30 days)
- If no agreement is reached, the landlord can market to third parties
- No obligation for the tenant to match any specific terms
FRON vs. ROFR
- FRON: Negotiate before marketing; no matching requirement; less restrictive
- ROFR: Match a specific third-party offer; more restrictive on the landlord
- FRON: Less valuable to tenant but easier to administer
- ROFR: More valuable to tenant but can deter third-party offers
Essential Clause Elements
- Clear triggering event
- Defined negotiation period
- Good faith negotiation obligation
- Specific terms subject to negotiation
- Consequences if negotiation fails
Related Terms
- Contract — The lease containing the FRON
- Estate for Years — The leasehold interest
- Equity — The tenant's leasehold value
Barnes Walker Commercial Leasing
Barnes Walker's real estate attorneys draft and negotiate FRON provisions in Florida commercial leases, protecting landlord and tenant interests. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 83, Part II
The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC