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Charles B. Jimerson
Managing Partner

Nikos Westmoreland
Director of Business Development

Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

Archives

Understanding Your Options: Three Types of Tenant Option to Purchase That may be Included in Commercial Leases

May 23, 2018 Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

Commercial Evictions in Florida: What no Landlord Wants to go Through, but What Every Landlord Needs to Know, Part 2: Filing the Complaint

March 22, 2018 Real Estate Development, Sales and Leasing Industry Legal Blog

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.

Commercial Evictions in Florida: What no Landlord Wants to go Through, but What Every Landlord Needs to Know

February 22, 2018 Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

Landlord and Tenant: Duties to Maintain Property

May 23, 2016 Community Association Industry Legal Blog

Leases for residential real property are governed by Florida Statute Sections 83.40 through 83.682; leases for commercial real property are governed by Sections 83.001 through 83.251. In addition to these statutory requirements, landlords and tenants must understand their rights and obligations under their written lease agreement. The focus of this post is landlords’ and tenants’ rights and obligations, under residential and commercial leases, to maintain the leased property.

How to Turn up the Heat on Freeloading Tenants Through Aggressive Litigation

May 9, 2016 Real Estate Development, Sales and Leasing Industry Legal Blog

In a Landlord-Tenant relationship, there is always the possibility of bad blood emerging between the owner/lessor of the real estate and the tenant/lessee who leases that real estate. One of the most common causes for such bad blood results from disagreements surrounding the payment, or lack thereof, of rent. Landlords should be aware that once a landlord files a complaint against a tenant, a tenant must pay money and attention. The purpose of this blog post is to provide an overview of the “pay-to-play” system of eviction litigation in Florida, practical steps, and analysis for landlords to efficiently evict a defaulting tenant, while at the same time maximizing their potential to recover rent owed under the lease. This blog will explore § 83.232, Florida Statutes, as well as its significantly similar residential counterpart, § 83.60(2), Florida Statutes.

The Powers of a Receiver Appointed Over Condo Associations and HOAs

November 30, 2015 Community Association Industry Legal Blog, Construction Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Whether due to economic hardships, mismanagement, unforeseen circumstances, or even fraud and breach of fiduciary duty, a condo or homeowners association may find itself in desperate need of help.  Additionally, properties that have been neglected may also be running afoul of local code compliance regulations or may be so far […]

Five Ways for Commercial Landlords to Protect Themselves in Commercial Real Estate Leases

August 19, 2014 Real Estate Development, Sales and Leasing Industry Legal Blog

Outside of Florida’s codified landlord/tenant laws, there are several ways a landlord can protect itself when involved in a commercial real estate lease.  This blog post highlights some of the ways that commercial landlords may protect their personal and financial interests in commercial real estate leases. 1. Vet credit from […]

Basic Considerations for Condominium Arbitrations: Alternative Dispute Resolution with “Thy Neighbor”

May 14, 2013 Community Association Industry Legal Blog

Effective 1992, the Condominium Act requires arbitration of certain condominium disputes as an alternative to court litigation and also authorized mediation of such disputes. The objective of the program is to provide condominium unit owners and associations a just, speedy and inexpensive alternative to litigation in the court system.

Section 718.1255, Florida Statutes, defines which disputes are eligible for arbitration “as any disagreement between two or more parties and the authority of the board of directors or the association’s governing document”. An eligible dispute for arbitration requires any owner to take or not to take any action involving that owner’s unit, or involving the alteration or addition to a common area or element of the condominium property.

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