Question 1

What is a triggering event in a Florida lease?

Accepted Answer

A triggering event in a lease is a specific occurrence that activates a lease provision or changes the parties’ rights and obligations. Common triggering events: default (failure to pay rent triggers the landlord’s right to serve notice and pursue eviction), assignment or subletting (a change in occupancy triggers the landlord’s consent rights), change of ownership (a sale of the property triggers the assignment of the lease to the new owner), force majeure (a natural disaster or pandemic triggers the force majeure clause), and lease renewal (the expiration of the initial term triggers the renewal option).

Question 2

What are common triggering events in Florida commercial leases?

Accepted Answer

Commercial triggers: co-tenancy (a major tenant’s closure or departure triggers a smaller tenant’s right to reduced rent or termination), radius restriction (the tenant opening a competing store within a specified distance triggers a lease violation), continuous operation (the tenant ceasing operations triggers a default or allows the landlord to terminate), go-dark clause (the tenant closing the premises triggers the landlord’s rights under the go-dark provision), and percentage rent (the tenant’s sales exceeding a breakpoint triggers the obligation to pay percentage rent).

Question 3

How should triggering events be drafted in Florida leases?

Accepted Answer

Drafting: clearly define the event (avoid ambiguity: specify exactly what constitutes the triggering event), specify the consequences (what rights and obligations are activated by the event), include notice requirements (the party invoking the provision must provide written notice within a specified time), include cure periods (the party in default should have an opportunity to cure before the consequence takes effect), and address multiple triggers (if multiple events can trigger the same provision: address the interaction between them). Florida courts: will enforce the lease as written; clear drafting prevents disputes.

Triggering Event in Lease

Triggering Events in Florida Leases

Common Triggers

Commercial Triggers

Drafting

Related Terms

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