Effective October 2018, lenders have a new remedy in a foreclosure proceeding to expedite the final resolution of the proceeding. Section 702.12, Florida Statutes creates a presumption in favor of the lender that the borrower waived any defense to a foreclosure proceeding when the borrower’s debt was discharged in a […]
A real estate sales contract establishes the rights and obligations of the buyer and seller. As a result, it is important to understand what each party must do to avoid a contract breach. Otherwise, litigation may become necessary in order for you to recoup losses. In this presentation, we provide […]
Foreclosure sales can be a great find. The mortgage holder, usually a bank, doesn’t want to take the time to go through the normal property sale process. And they will commonly accepts less than the property’s face value. However, with these cost savings come potential headaches. Another lender, the original […]
Parts one, two and three covered how landlords obtain an eviction and judgment for damages resulting from a tenant’s breach of the lease. However, post-eviction, landlords frequently confront the problem of what to do with the personal property the tenant has left behind. This may include: office furniture and equipment; inventory or […]
Parts one and two of this commercial eviction blog series have looked at the process for initiating an eviction when a tenant defaults on payment of the rent or other terms of its lease, and the many statutory requirements for the process. As a landlord, you should also be aware […]
Each year the Florida Legislature proposes and votes on bills for amending the Florida Statutes. Bills that pass both the Florida House and Senate go before the Governor who decides which bills become law. In the 2018 legislative session, approximately 150 fewer bills were proposed, and 40 fewer bills ultimately […]
Owners of waterfront property have “riparian rights” to access the navigable water and the right to a waterfront view in addition to their rights to use their upland property. Docking rights often are an area of dispute, not only for waterfront property owners seeking dock permits from the government, but […]
Many landlords are reluctant to grant tenant option to purchase in a lease agreement. That’s because the options may disincentivize other potential buyers or cause delays in the landlord’s negotiation of a sale. Still, landlords may grant options to purchase to attract large, creditworthy tenants, particularly if they are the […]
Having been served with a notice of default, a tenant then has three days to cure a breach for failure to pay rent and fifteen days to cure a nonmonetary breach, unless the parties’ lease provides different timeframes. If the tenant subsequently fails to cure the breach, the landlord must then file suit for eviction.
It’s an unfortunate but harsh reality for commercial landlords. You will inevitably face an eviction situation at some point during your ownership of commercial property. However, while no landlord wants to experience an eviction scenario, you should be prepared for it. The first step is having a basic working knowledge […]