Category Archives: Commercial Litigation
Can I Just Call the Police to Evict My Tenant?
Let’s assume that you have a non-paying, or non-compliant tenant. You know that there is a legal process to evict that tenant. But you also think that the legal process takes too much time and money, and you need the tenant out, yesterday. Why not just call the police? After all, it’s your property,… Read More »
Are You Checking Consumers’ Credit? Be Careful!
In today’s world, credit is everything. If you are a business that loans money, hires people, rents property, or which needs to do any kind of background check, your first instinct may be to do a credit check. Whether credit is a reliable indicator of character is debatable. What is not debatable, is that… Read More »
What is a Quiet Enjoyment Clause in a Lease Agreement?
In almost every commercial lease, and to some extent, in residential leases, there is a provision called quiet enjoyment. This provision is often overlooked, and many landlords are not even aware what obligations that the provision puts on them, or what can happen when a tenant’s right to quiet enjoyment is breached. What is… Read More »
Do You Have a Right to Bring Your Service Animal Into a Business?
There is a big debate about service animals. On the one side there are people who insist that they are vital, and legal, and that having the animal assists them with a disability. On the other side are businesses that see the right to a service animal as being abused. Regardless of which side… Read More »
Is Your Business’ Website ADA Compliant and Does it Have to Be?
Many businesses are aware of the requirements of the Americans With Disabilities Act (ADA). However, many ADA modifications are done in the real world. What about online? Does a business have to make sure that their website or that any online commercial platform, is ADA compliant? Many Websites are Noncompliant If you think your… Read More »
Your Bylaws Can Protect Your Business From Lawsuits
Businesses give a lot of thought to their written documents, as they should. Things like employee manuals, business contracts, or policies and procedures are often carefully put in lengthy written documents. Yet, many of those same businesses give little thought to the heart and soul of their business: Their bylaws, and their articles of… Read More »
Choice of Venue Clauses Can Help You Enforce Your Contracts
When you draft or review your business contracts, you may give a lot of thought about what you will be able to litigate in court—in other words, what your rights are under the contract, what your (and the other party’s) rights are, what your duties and obligations are, and possibly, what the potential damages… Read More »
All About Not for Profit and Nonprofit Organizations
If you ask people on the street what a nonprofit organization is, there’s a good chance you’ll get a different answer from every person that you ask. If you’re considering starting a business as a nonprofit, or you already own, run or manage a nonprofit, there are some things about no for profit companies… Read More »
Construction Litigation: Miami Company Faces Lawsuit Over Alleged “Shoddy” Work
According to a report from The Real Deal, the Lennar Corporation—a Miami-based home construction company—is facing a lawsuit from a group of homeowners in Homestead. The homeowners’ association alleges that the company’s workmanship was shoddy. Further, the association also contends that the construction company failed to repair and resolve the construction defect after being… Read More »
Liquidated Damages Can Help if You Can’t Determine Actual Damages
When you draw up a contract, one of the things that you will think about is what your damages would be, when or if the contract is violated. There is an assumption that if the contract is breached, you will have tangible evidence of what you lost and that a court will award you… Read More »
