Florida Commercial Real Estate And Land Use Law Blog
Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA
All businesses in the state of Florida need to be familiar with Florida’s Consumer Collection Practices Act (“FCCPA”). The FCCPA is found at Sections 559.55-559.785 of the Florida Statutes. The FCCPA is intended to protect consumers and is intentionally unfair … Read Full Post
Treatment of Commercial Leases in Bankruptcy
The novel coronavirus pandemic and related government “stay at home” and “shelter in place” orders are causing serious negative financial impacts to business of all types. Many of the hardest hit industries, such as restaurants and retailers, are industries in … Read Full Post
Commercial Evictions 101
One of the most important considerations for commercial property owners and managers is maintaining tenant occupancy. However, commercial property owners and managers will inevitably encounter tenants who refuse to pay rent or who refuse to vacate the premises after the … Read Full Post
Tips and Strategies for Building Owners to Closeout a Construction Project
Winding up a construction project and transitioning occupancy to the building owner (i.e. project closeout) can be a harrowing ordeal for an owner with little to no construction experience. Even for experienced owners, Project closeout can be a challenge and … Read Full Post
Mitigating Commercial Losses From the Reaction to the Coronavirus (COVID-19)
In addition to the concern over actually contracting the Coronavirus (“COVID-19”), business owners have additional concerns, to wit: how the reaction to COVID-19 will impact their business and how they can protect their business and mitigate losses during this volatile … Read Full Post
Employer Guidance On How To Manage The Workforce While Fighting The Coronavirus
On Wednesday, March 11, 2020, the World Health Organization officially designated the Coronavirus (“COVID-19”) as a global pandemic. As our government seeks to limit the spread of COVID-19 in the United States, employers are asking what they can and should … Read Full Post
Does the Failure to Provide Adequate Parking Constitute a Material Breach of a Commercial Lease Agreement?
Adequate parking is essential to most businesses. Sufficient parking is needed for a business’s employees, customers or vendors. Most commercial lease agreements will address parking or will address common areas, which may include parking. Depending on a tenant’s business, adequate … Read Full Post
Your Skin Is A Canvas: Tattoo Parlors and the First Amendment
Earlier this year, I wrote about a unique land use issue and some very specific First Amendment free speech implications related to the regulation of charitable donation bins (The Right to Blight – Charitable Donation Bins, Freedom of Speech, and … Read Full Post
2019 Amendments to Florida’s Riparian Rights Rules (otherwise known as Chapter 18-21, F.A.C.)
Waterfront property is something that has attracted millions of residents to Florida over the years. Whether it be a single-family home, a large homeowners association, a vibrant condo association or a busy commercial marina, the right to utilize the water … Read Full Post
You Break It, You Fix It: Commercial Landlords’ Obligations For Repairs Of The Premises
It seems like common sense that if the lease for a commercial space is silent on the issue of who’s responsible for maintenance and repairs of the Premises, including the infrastructure and equipment serving the Premises, that the landlord would … Read Full Post