Tag Archives: Landlord/ Tenant Law (commercial)

Florida’s Consumer Collection Practices Act (FCCPA) Part 2: Implementing Safeguards and Internal Procedures to Establish a Bona Fide Error Defense to Violations of the FCCPA

Part 1 of this series provided an overview of Florida’s Consumer Collections Practices Act (FCCPA) and explained why it is imperative for all business owners to be aware of, and understand, the FCCPA.  This article explores Section 559.77’s bona fide … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog, Florida Construction Industry Law Blog Practice Areas: , , , , ,

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

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog, Florida Construction Industry Law Blog Practice Areas: , , , , ,

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

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , , ,

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

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , ,

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

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , , , ,

What Construction Professionals Need to Know When Performing Work on Commercial Real Estate

Construction professionals performing work for tenants in a commercial properties face unique challenges.  The construction professional doesn’t want to pass up a good job, but his or her lien rights are limited. As a result, construction professionals want to make … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: , ,

Lease Agreements: Beware of the Lease Renewal Language

Many leases contain renewal language, allowing the lessee to renew the lease term after the original lease term expires.  These provisions sometimes contain notice requirements and fulfillment of certain conditions precedent.  In some instances, the leases may automatically renew.  In … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog, Florida Community Association Law Blog Practice Areas: ,

How Do Construction Liens Impact A Commercial Landlord In Florida?

Pursuant to Florida’s construction lien law, an owner of real property who contracts for improvements to the property is subject to construction liens against the property. However, the lien law is somewhat unique for commercial properties, as the commercial landlord … Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , ,

“As Is” And NO Warranty Provisions In Contracts: Are They Always Enforceable?

Whether purchasing a business, a piece of real property, or even a car, there is likely a lengthy contract that goes along with that purchase.  Many of those contracts contain “as-is” or “no warranty” provisions.  These types of provisions may … Read Full Post

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

Quiet Enjoyment – What Landlords Need To Understand

Almost everyone, regardless of whether they have ever leased out or rented a commercial space, is generally aware of each party’s duties under a commercial tenant lease agreement. The landlord allows the tenant to use his building, in exchange for … Read Full Post

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