Tag Archives: Landlord/ Tenant Law (commercial)

What Does the Sign Say Part II: Practical Solutions for Local Governments

As was discussed in Part I of this blog series, all signs are subject to some form of regulation while also carrying First Amendment protection.  This almost always leads to sign regulations that are confusing, inadequate, dated, and often, unconstitutional. … Read Full Post

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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

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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

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Florida’s Medical Marijuana Statute Deemed Unconstitutional – Again

On January 2, 2019, Circuit Court Judge Karen Gievers started the new year off by invalidating the 2017 law regulating medical marijuana in Florida.  Judge Gievers ruled the implementing law conflicts with the state constitution and the will of the … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , ,

How To Understand Purchase Money Security Interest Or PMSI And Other Categories Of Collateral That Are Excluded From A Collateral Lien

A collateral lien may exclude some categories of collateral. This is of particular concern if a piece of property changes from one category to another. In this video presentation, Charles B. Jimerson and two additional attorneys provide a thorough explanation of purchase … Read Full Post

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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

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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

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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

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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

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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

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