Exculpation

[STEPHAN]

What is the name of your state? FL

Exculpation

(a.) Notwithstanding any provision of this Lease to the contrary, Tenant agrees to look solely to Landlord’s then interest in the tax folio of which the property forms a part for recovery of any judgment from Landlord, it being understood that Landlord (or its representatives, agents, partners, shareholders, directors, employees, fiduciaries and officers) shall never be personally liable for any such judgment or the payment of any monetary obligation.

Can you help me understand this in a commercial lease?

Thanks,

Stephan

 

[quincy]

What is the name of your state? FL


Can you help me understand this in a commercial lease?

Thanks,

Stephan

No one on this forum can analyze contracts, Stephan. It would be a mistake anyway to analyze a single clause. The lease needs to be read in its entirety.

You should have an attorney licensed to practice in your area read the lease and offer an opinion.

 

[STEPHAN]

I understand. This is not my personal lease. I am just trying to understand. I have never heard the word Exculpation before ;-)

 

[quincy]

I understand. This is not my personal lease. I am just trying to understand. I have never heard the word Exculpation before ;-)

An exculpatory clause in a contract is one which releases one of the parties from liability for his/her wrongful acts. It generally is used to protect a party from liability arising from negligence.

 

[adjusterjack]

Exculpation - the act of freeing from guilt or blame.

Not only do you have to read and understand the contract in its entirety, Florida is one of the few states that has a separate statute for Non-Residential Tenancies:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083PartIContentsIndex.html&StatuteYear=2019&Title=->2019->Chapter 83->Part I

Which also has to be read and understood.

 

[quincy]

These are not uncommon clauses in leases and contracts, by the way. But the entire commercial lease should be personally reviewed prior to signing.

 

[STEPHAN]

Thank you for all your help!

And just to clarify, I am very familiar with the Florida statutes for Residential Tenancies and the statutes for Non-Residential Tenancies since you guys in 2012 told me to learn the laws for the landlord business or get out of it ;-)

 

[quincy]

Thank you for all your help!

And just to clarify, I am very familiar with the Florida statutes for Residential Tenancies and the statutes for Non-Residential Tenancies since you guys in 2012 told me to learn the laws for the landlord business or get out of it ;-)

You’re welcome, Stephan. AJ and I always appreciate thanks.

I think the advice you were given in 2012 is advice that has been given to all landlords who visit this forum, old landlords and new landlords alike. Being a landlord is not easy, especially when judged by some of the tenants who come here.

 

[STEPHAN]

It was very helpful to me. I decided to take that job seriously and build a nice business out of it. So, thanks to all of you!