Leases Require Specific Allocation of Foreseeable Risks in Florida | Practical Law
A recent Florida appellate case highlights the importance of specifically addressing foreseeable events when allocating risk among the landlord and the tenant in a commercial real estate lease. The court found that it was foreseeable that a daycare tenant may be denied an operating license from a state agency and reversed summary judgment on the issue of damages because the risk was not specifically mentioned in the lease.