Attorney’s Fees in Commercial Landlord-Tenant Litigation in Florida

Florida’s reciprocity statute requires courts to enforce attorney’s fee clauses for both parties, even if the lease grants fees to only one side.
Citations: § 57.105(7), Fla. Stat.

Attorney’s fees are an important consideration in commercial landlord-tenant disputes. In Florida, these fees are generally governed by the principle of reciprocity, meaning that courts will enforce contractual fee provisions for both parties, even if the lease only specifies that one side is entitled to recover fees. This rule ensures that neither party is unfairly disadvantaged when litigation arises, and it emphasizes the importance of careful drafting in commercial leases. § 57.105(7), Fla. Stat.

Most commercial leases include an attorney’s fees clause, which typically allows the landlord to recover fees incurred in enforcing the lease, such as pursuing eviction or collecting unpaid rent. In practice, these clauses often also cover other forms of litigation arising out of the lease, including disputes over repairs, security deposits, or holdover tenancy. Florida courts generally enforce these clauses strictly, provided they are clear and reasonable. § 57.105(7), Fla. Stat.

Florida’s attorney’s fees statute, § 57.105(7), Fla. Stat., establishes the principle of reciprocity. Under this statute, if a lease specifies that the landlord may recover attorney’s fees, the tenant may also recover fees if they prevail, even though the lease does not expressly grant them that right. This rule is designed to level the playing field and discourage one-sided litigation provisions that could otherwise create an unfair advantage for the party who drafted the lease. § 57.105(7), Fla. Stat.

The statute applies broadly to any action arising out of a contract, including commercial lease disputes. Courts will typically award fees only to the prevailing party, and they may require documentation of reasonable attorney hours and rates. In some cases, courts will also consider whether a party acted in bad faith, unnecessarily prolonged litigation, or attempted to avoid contractual obligations. § 57.105(7), Fla. Stat.

From a practical standpoint, attorney’s fees can have a substantial financial impact on both landlords and tenants. For landlords, the clause can serve as a deterrent against tenant defaults or frivolous defenses in eviction proceedings. For tenants, the reciprocity rule allows recovery of legal costs if they successfully challenge an eviction or enforce lease provisions. Consequently, both parties should carefully review and negotiate the attorney’s fees clause during lease drafting to understand the scope, limitations, and potential implications in the event of litigation. § 57.105(7), Fla. Stat.

It is also important to note that attorney’s fees are separate from rent, damages, or other remedies. Even if a tenant owes substantial rent or other obligations under the lease, courts may still award fees to the tenant if they successfully defend against a landlord’s claims. Conversely, landlords who prevail can typically recover fees in addition to any judgment for rent or damages. § 57.105(7), Fla. Stat.

In conclusion, attorney’s fees are a critical component of commercial landlord-tenant litigation in Florida. Lease provisions granting fees to one party will generally be enforced, but the reciprocity statute ensures that prevailing tenants may also recover fees, leveling the legal playing field. Both landlords and tenants should fully understand the scope of these clauses and their potential financial impact before disputes arise. § 57.105(7), Fla. Stat.