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Author: Austin T. Hamilton, Esq.

Constructive Eviction: Is There Such a Thing Under Florida’s Commercial Landlord-Tenant Act?

April 15, 2022 Banking & Financial Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

The commercial landlord-tenant act is set forth in Sections 83.001-83.251 of the Florida Statutes.  While the commercial landlord-tenant act does not specifically address whether wrongful/constructive eviction (“constructive eviction”) is a defense to an eviction or removal action (or grounds for a tenant to vacate the premises), case law supports that […]

What is the Difference Between the FDCPA and the FCCPA?

December 14, 2021 Banking & Financial Services Industry Legal Blog, Insurance Industry Legal Blog

Businesses throughout Florida should be aware of consumer statutes that provide remedies to consumers and impose liability to businesses, even for small technical violations. Two important statutes for all businesses to be aware of are the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). […]

Florida’s New Mini TCPA: Changes to the Florida Telemarketing Act and the Florida Do Not Call Act

December 7, 2021 Banking & Financial Services Industry Legal Blog, Communications & Media Industry Legal Blog

This year, through Senate Bill 1120 (SB 1120), Florida adopted its own version of the Telephone Consumer Protection Act, which has been referred to as Florida’s Mini-TCPA. Florida’s Mini-TCPA has striking similarities to the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, et. seq. Florida’s expansion of its […]

I Want to Evict My Commercial Tenant! What Do I Need to Know? Common Defenses to a Commercial Eviction Action

August 26, 2021 Real Estate Development, Sales and Leasing Industry Legal Blog

Commercial landlords may encounter tenants who refuse to pay rent, refuse to vacate the premises after the lease term has ended or fail to cure a material breach of the lease agreement.  In these situations, the landlord may decide to commence eviction proceedings by filing an action for eviction and […]

Unlawful Commercial Evictions: A Cautionary Tale for Commercial Landlords Wanting to Use Self-Help to Retake Possession of Leased Property

June 2, 2021 Real Estate Development, Sales and Leasing Industry Legal Blog

Using “self-help” as a means to evict commercial tenants is no longer acceptable and likely to result in a lawsuit against the commercial landlord.  When a tenant fails to pay rent as it becomes due, breach appears to be undisputed.  After all, paying rent is typically why the tenant is […]

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 8: Post-COVID-19 Considerations for Lending in the Hospitality Industry

January 22, 2021 Banking & Financial Services Industry Legal Blog

This series has provided a high-level overview of various options and considerations available to lenders during the current uncertainty surrounding lending in the hospitality industry. It is without question that lending institutions will see significant changes as a result of COVID-19 and with the incoming presidential administration. The first-half of […]

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 7: Expediting the Commercial Foreclosure Process Under Section 702.10, Florida Statutes

January 14, 2021 Banking & Financial Services Industry Legal Blog

The first half of this series evaluated options available to lenders prior to instituting a commercial foreclosure action.  The second-half of this series has evaluated available options to lenders during the pendency of the foreclosure action.  Since there are additional considerations for lenders dealing with lending to hotels, restaurants and […]

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 6 – Considerations for the Appointment of a Receiver During Commercial Foreclosures

December 29, 2020 Banking & Financial Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

As discussed in parts 1-4 of this series, lenders have several options prior to instituting a commercial foreclosure action.  Additionally, as briefly discussed in part 5 of this series, during the foreclosure action, lenders have options to try to preserve the value of the underlying collateral and to minimize further […]

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 5 – Commercial Foreclosures 101

October 22, 2020 Banking & Financial Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Sometimes, foreclosure of a commercial property is the only option available to lenders and servicers to limit losses as a result of defaults on hotel and restaurant mortgages.  Parts 1-4 of this series discussed pre-foreclosure options available to lenders dealing with hotel/restaurant mortgage defaults.  This article provides a high-level overview […]

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