Real Estate Development, Sales and Leasing Industry Blog
Can’t Help Yourself: Self-help Eviction Under Florida Law
It is common to see commercial leases that grant the landlord broad powers upon the tenant’s default. Some variation of the following can often be found in a lease: Upon default by Tenant, Landlord may immediately re‑enter the Premises and … Read Full Post
What Does the Sign Say? Sign Regulation, Legal Issues and the First Amendment
All signs are subject to some form of regulation while at the same time carrying some form of First Amendment protection. Due to those protections afforded by the First Amendment, government regulation of signs is subject to a heightened scrutiny. … Read Full Post
The Right To Blight – Charitable Donation Bins, Freedom Of Speech And The First Amendment
The next time you are sitting at a red light at a busy suburban intersection, instead of checking your smart phone, look out the window. Look beyond the other traffic, beyond the political signs, and beyond the fast food combo … Read Full Post
Buyer Actions And Seller Actions For Drafting A Complaint Due To A Real Estate Sales Contract Breach
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 … Read Full Post
Commercial Evictions in Florida: What No Landlord Wants to Go Through, but What Every Landlord Needs to Know, Part 4: Tenant’s Abandoned Property
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 … Read Full Post
Commercial Evictions in Florida: What No Landlord Wants to Go Through, but What Every Landlord Needs to Know, Part 3: The Complaint & Available Damages
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 … Read Full Post
Understanding Your Options: Three Types Of Tenant Option To Purchase That May Be Included In Commercial Leases
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 … Read Full Post
Commercial Evictions in Florida: What No Landlord Wants to Go Through, but What Every Landlord Needs to Know, Part 2: Filing the Complaint
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. Read Full Post
Commercial Evictions in Florida: What No Landlord Wants to Go Through, but What Every Landlord Needs to Know
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 … Read Full Post
What You Need to Know About Commercial Lease Agreements: Part IV
This blog post is part IV in a series of posts providing an overview of important considerations for commercial lease agreements. Regardless of whether a landlord or tenant, there are numerous issues that all parties should consider prior to entering into a commercial lease agreement. Part I addressed mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved. Part II discussed the enforceability of certain lease agreements, tort liability for both landlords and tenants, and the use of personal guarantees. Part III focused on the tenant’s remedies, claims and defenses when a landlord breaches the commercial lease agreement. This fourth and final post in this series will discuss the landlord’s remedies, claims and defenses for breaches by the tenant. Read Full Post