Category Archives: Landlord Tenant Litigation
Precautions for Commercial Landlords When Reopening in the Wake of COVID-19
As businesses are slowly reopening in the wake of the COVID-19 pandemic and companies are returning to their physical office space, commercial landlords must consider adopting precautions to minimize exposure to the virus and reduce the risk of landlord-tenant disputes or litigation. The article outlines the precautions that landlords of commercial office buildings might… Read More »
On-Time Rent Payments Fell in Florida in the First Month of May—How Commercial Landlords Can Protect their Rights
Beyond being a serious public health crisis, the COVID-19 pandemic is taking a considerable economic toll on our region. Many individuals and businesses have seen a disruption in their income. Unfortunately, this is creating a problem for both commercial and residential tenants. According to a report from the Sun Sentinel, only 85.5 percent of… Read More »
Four Tips for Negotiating a Commercial Lease Restructuring
The COVID-19 pandemic is affecting virtually every community in our region. To control the transmission of the respiratory disease, state and local officials have restricted many non essential activities. Unfortunately, this has caused serious financial distress to many businesses in South Florida. As a consequence, some companies find themselves stuck in a commercial lease… Read More »
Three Things Commercial Landlords in Florida Should Know About the CARES Act
On March 27th, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act into law. The bill contains a wide array of different economic measures that are aimed at helping people and companies get through the COVID-19 (coronavirus) public health crisis and the related temporary shutdown of businesses. For commercial landlords… Read More »
Florida Appeals Court Rules in Favor of Commercial Landlord in Eviction Case
On December 18th, 2019, the Fourth District Court of Appeals for the State of Florida ruled in favor of a commercial landlord in a complex eviction case. The landlord in question, which faced a claim of wrongful eviction, was seeking to recover damages through a third party guarantor. In Gulfstream Park Racing Association v…. Read More »
Commercial Landlord-Tenant Laws in Florida: The Three-Day Notice and Right to Cure
If a commercial tenant commits a monetary violation of the lease—typically meaning that they failed to make rent payments on time—that is generally considered to be good cause for eviction. That being said, there are strict rules and regulations that govern evictions in Florida. Commercial landlords must understand their rights and responsibilities under Florida… Read More »
Four Mistakes Commercial Landlords Must Avoid When Dealing With Tenants Who Owe Rent
If you have a tenant in a commercial space and they have fallen behind on their rent obligations, it could cause you or your business significant financial damage. Beyond that, it is also frustrating to deal with a commercial tenant who is still operating but is not paying. At this time, it is crucial… Read More »
Miami Area Mall Faces Class Action Lawsuit from Commercial Tenants
According to reporting from the Daily Business Review, several commercial tenants have filed a class action lawsuit against Miami Mall of the Americas. The lawsuit alleges that the portion of the Fountainbleau, FL mall that contains mostly smaller businesses is being neglected so that the landlord can focus all its resources on keeping the… Read More »
Commercial Landlord Rights: What Options are Available for Landlords Dealing With Financially Distressed Tenants?
For commercial landlords, it can be deeply frustrating to have a tenant fall behind on their rental obligations. The loss of the reliable rental income stream can cause you and your company major financial headaches. At this point, you need to be ready to carefully assess your available options so that you can best… Read More »
How Should a Landlord Respond When a Commercial Tenant is Facing Financial Distress?
Recently, The Real Deal, a prominent South Florida real estate magazine, reported on the financial struggles of mall retailers in the state. In a trend that has been seen throughout the country, traditional mall retailers are having a hard time in this economic environment. Malls are facing fierce competition from online retailers and renewed… Read More »
Commercial Landlord Rights: Liens and Distress for Rent Under Florida Law
Unfortunately, many landlords have been forced to deal with tenants that fail to pay their rent on time. When this happens, the landlord has a legal right to take action, including to force an eviction from their property in accordance with the procedures of Florida law. Of course, if rent is overdue, eviction itself… Read More »
Florida Appeals Court Decision May Have Significant Ramifications for Commercial Leases
A recent court decision out of Florida’s Fifth District Court of Appeal is likely to have major ramifications for how commercial leases will be drafted in the future. The case, Genuinely Loving Childcare, LLC v. Bre Mariner Conway Crossings, LLC, was decided on January 13th, 2017 and involves the legal concept of frustration of… Read More »
My Commercial Tenant Defaulted on the Lease, What Happens Now?
Few things cause bigger headaches for commercial landlords than a tenant defaulting on the terms of their lease. Beyond the potential financial damage, it can be difficult for landlords to navigate the complex legal system. All commercial landlords need to know how to protect their rights in the event of a tenant default. If… Read More »
What Happens if My Commercial Tenant Files for Bankruptcy?
As a commercial landlord, you may run into a situation where one of your tenants files for bankruptcy protection. This action could have major ramifications on your rights as a landlord. You need to know how to protect yourself, your business and your legal rights. If your commercial tenant has recently filed for bankruptcy… Read More »
Florida Lawsuit Accuses Commercial Landlord of RICO Violations
The Chattanoogan.com recently posted a story about a lawsuit filed at the U.S. District Court for the Middle District of Florida. The legal claim was filed against CBL & Associates, a large real estate investment firm. According to the complaint, there are allegations that CBL has been consistently overcharging its tenants for electricity. Notably,… Read More »
Florida Landlords: Terms That Your Commercial Lease Should Have
There are many different ways for a dispute to arise over a commercial lease. While it is impossible to completely eliminate the risk of a dispute, it is possible to drastically reduce your risk. You can protect yourself by ensuring that your commercial lease agreement is well drafted. An attorney can help you draft… Read More »
