On July 15, 2010, NBC6 News Anchor, Willard Shepard, interviewed Partner Glenn L. Widom for a Consumer Investigation Report called “Lease Gone Wrong”. The investigation focused upon the problems faced by a prospective tenant who after signing a lease for an apartment near Brickell Avenue was unable to move in when the existing occupant became a “hold-over” tenant by refusing to move out.

The investigation sought to assist consumers, who may consider signing a new lease, by providing tips to help them avoid similar problems. Widom advised that new lessees could protect themselves by being well informed. This includes understanding their rights under the lease; conducting a walk-through of the unit; confirming the tenant’s intention to relinquish possession; learning what the landlord has done to assure the units availability; and making contingency plans.

Requiring an actual inspection or “walk-through” of the specific unit to be leased is important. Most leases allow a landlord access to an occupied unit as the lease nears its maturity. While a landlord may be apprehensive to permit a “walk-through”, fearing the Unit may appear sloppy or undesirable, this may provide you the opportunity to meet the current tenant and assure yourself of their intentions. Just as important, a walk-through may help you to identify repairs that the landlord will need to accomplish before you move in.

While Florida law provides a framework for the landlord/tenant relationship, in many circumstances, like this one, the lease (which is the contract between the landlord and tenant) will establish the parties’ respective rights and obligations. Thus, before signing a new lease, it is imperative that you understand these rights and obligations by carefully reading the lease and/or seeking the advice of an attorney.

For example, the lease that is the subject of this investigation explicitly addressed the parties’ rights should possession of the unit by the new lessee be delayed. Understanding your rights under a lease will help you to avoid this situation and to recognize certain risks, like a holdover tenant, so you may have a contingency plan in place.

More information about the NBC6 investigation can be found at Lease Gone Wrong.

Glenn focuses his practice on business and insurance litigation, including complex commercial cases, real estate, insurance coverage and employment disputes. His profile can be found here.