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Treatment of Commercial Leases in Bankruptcy

April 21, 2020 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 which a large portion of the business may be operated […]

Commercial Evictions 101

April 16, 2020 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 lease term has ended.  In these situations, the owner or […]

Tips and Strategies for Building Owners to Closeout a Construction Project

March 26, 2020 Real Estate Development, Sales and Leasing Industry Legal Blog

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 is often mishandled, leading to eleventh-hour emergencies, cost overruns, and […]

Mitigating Commercial Losses From the Reaction to the Coronavirus (COVID-19)

March 16, 2020 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 time.  Much of these concerns are created not by contracting […]

Employer Guidance On How To Manage The Workforce While Fighting The Coronavirus

March 13, 2020 Construction Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 do, under the law, to protect their workforces and their […]

Does the Failure to Provide Adequate Parking Constitute a Material Breach of a Commercial Lease Agreement?

February 25, 2020 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 parking may be a material term of the commercial lease […]

Your Skin is a Canvas: Tattoo Parlors and the First Amendment

November 12, 2019 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 the First Amendment).  Very few local governments, property owners and […]

2019 Amendments to Florida’s Riparian Rights Rules (Otherwise Known as Chapter 18-21, F.A.C.)

September 6, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

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 that lies immediately adjacent to upland property is a long-standing […]

You Break It, You Fix It: Commercial Landlords’ Obligations for Repairs of the Premises

September 3, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

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 be liable for maintenance and repair costs.  After all, the […]

House Bill No. 7103 – Affordable Housing, Development Review & Impact Fees, Oh My!

August 14, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

During the 2019 legislative session, State Representative Jason Fischer introduced and sponsored House Bill No. 7103.  The proposed bill contained language that amended various state statutes, all dealing with development in Florida.  On June 28, 2019, Governor Ron DeSantis signed the bill into law.  While the bill is not controversial, […]

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