Commercial lease negotiation in Palm Beach County.

By Chase Farache, Broker Associate, Silver Lining Realty Group. Updated October 2026.

Before you negotiate: set your position

Know your must-haves before the first proposal: size range, timing, budget for total occupancy cost (not just base rent), how long you expect to stay, and what you will spend on improvements. Then confirm the use is allowed. In unincorporated Palm Beach County, the county's Planning, Zoning and Building department handles permits and publishes the Unified Land Development Code (ULDC); inside cities such as Boca Raton, Delray Beach, Boynton Beach, Jupiter, Palm Beach Gardens and West Palm Beach, the city's code applies.

A competing option in hand, even a second-choice building, is the strongest leverage a tenant has. See the Palm Beach County market page for city hubs.

Economic terms

• Base rent and escalations. Fixed annual increases are easy to budget. Ask for free or reduced rent during build-out and early occupancy.
• Measurement. Confirm rentable and usable area and the BOMA standard used (BOMA's current office standard is ANSI/BOMA Z65.1-2024; industrial is Z65.2-2025). Ask for remeasurement rights if the numbers look off.
• Operating expenses. Know whether the lease is gross, modified gross or NNN; get two years of actual expenses; cap controllable increases; list exclusions; secure audit rights. See CAM charges explained.
• Property taxes. The Palm Beach County Property Appraiser values property as of January 1 and mails the Notice of Proposed Taxes and Assessments in mid-August. Under s. 193.1555, F.S., certain nonresidential property has a 10% annual cap on assessment increases that resets after a sale, so ask whether a sale is likely during your term and whether you can limit the pass-through.
• Improvement allowance. Settle the amount, what it can be spent on (including design and cabling), when it is paid, and who manages construction.
• Sales tax. Florida's tax on commercial rent, with the county surtax, was repealed for periods on or after October 1, 2025 (DOR TIP 25A01-04). Update any lease clause that still makes you pay it. See the sales tax guide.

Use, transfer and term

• Permitted use. Write it broadly enough to cover future services. Ask for an exclusive if a direct competitor in the same center would hurt you.
• Assignment and subletting. Ask for the right to assign to an affiliate or a buyer of your business without landlord consent, and remove or limit any recapture right.
• Renewal and expansion. Options to renew at a stated rent or a defined fair market process, and a right of first offer on adjacent space.
• Relocation. Strike it, or require the landlord to pay all moving and build-out costs for equivalent space.
• Personal guaranty. Limit it by amount or time, or have it burn off after a period of on-time payment.

Florida statutes that apply when the lease is silent

Chapter 83, Part I of the Florida Statutes governs nonresidential tenancies. Most of it gives way to the lease, which is why the drafting matters:

• Default. Under s. 83.20, a landlord can seek removal after 3 days' written notice for unpaid rent. For other material breaches, a 15-day notice to cure applies when the lease is silent or the tenancy is oral. Negotiate written notice and a cure period for both.
• Repairs. Under s. 83.201, if the lease places a repair duty on the landlord but sets no procedure, and the failure makes the premises wholly untenantable, the tenant can give at least 20 days' written notice and withhold rent. Better to write the remedy into the lease.
• Landlord's lien. Section 83.08 gives landlords a lien for rent on the tenant's property usually kept on the premises. If you finance equipment, negotiate a lien waiver or subordination form now.
• Holdover. Under s. 83.04, staying past the term without a new written lease creates a tenancy at sufferance, and s. 83.06 lets the landlord demand double rent if you refuse to leave. Negotiate a holdover rate and a short grace period.
• Court registry. In a possession suit, s. 83.232 requires the tenant to pay the alleged rent into the court registry, or lose its defenses.
• Month-to-month. A tenancy at will from month to month ends on at least 15 days' notice before the end of a monthly period (s. 83.03).

Construction, insurance and casualty

• Liens. Many Florida leases prohibit liens on the landlord's interest. Under s. 713.10, F.S., that protection works if the lease, a memorandum of it, or a parcel-wide notice is recorded before the notice of commencement, and the tenant must tell its contractor about the clause.
• Notice of commencement. Under s. 713.13, it is recorded before work begins and is void if work does not start within 90 days; a copy goes with the permit when the contract exceeds $5,000 (s. 713.135).
• Casualty and hurricanes. Define rent abatement while the space is unusable, the landlord's restoration deadline, and your right to terminate if restoration takes too long. Ask how insurance deductibles are passed through.
• Radon notice. Section 404.056, F.S. requires a radon disclosure on at least one document at the signing of a rental agreement for any building; expect to see it in the lease.

How I handle negotiations for tenants

I prepare a proposal covering both the economics and the key clauses, collect counter-proposals from more than one building where possible, and lay out total occupancy cost side by side so the decision is clear. Your attorney should review the final lease. Start with office, Palm Beach County medical office, Palm Beach County flex or West Palm Beach office, or call or text (561) 715-7222.

Not legal or tax advice. Laws, codes and local rules change; confirm current requirements with your attorney, CPA, architect or the permitting office before you act.