Category Archives: Landlord Tenant Litigation
What Happens When Your Tenant Files for Bankruptcy?
You have a good tenant, paying rent in your commercial building on a regular basis. Then it happens—you get notified that your tenant is filing for bankruptcy. What will happen? Will you ever get paid? Can you evict the tenant? Initial Steps First, once you are served with the notice of the bankruptcy, you… Read More »
Waiver Can Prevent Landlords From Evicting Non-Paying Tenants
If you are a landlord of residential or commercial property, you may be facing this problem in the COVID economy: If you have an otherwise good, timely paying tenant who now cannot pay rent on time, do you give the tenant chances to pay the rent late? Or, do you “stick by your guns,”… Read More »
Florida’s Moratorium on Evictions Extended Until August 1, 2020: What Are Landlords’ Options?
As over 2,600 evictions are waiting to be processed in Florida courts, Gov. Ron DeSantis decided to extend the moratorium on evictions and foreclosures until August 1, 2020. The executive order was issued just hours before Florida’s moratorium on evictions would have expired on July 1, 2020, according to the Orlando Sentinel. Without the… Read More »
How Can Florida Landlords Make Living Spaces Habitable?
All landlords in Florida must comply with the law of habitability. In other words, a landlord has an obligation to make living spaces habitable before a tenant moves in. Unfortunately, many landlords do not know what makes a living space “habitable” and thus fail to comply with all reasonable provisions required by building, housing,… Read More »
July Rent Payment and COVID-19: Can Landlords Evict Tenants in Florida?
After Gov. Ron DeSantis extended the moratorium on evictions and foreclosures until July 1, many landlords and tenants alike are wondering, “Is rent due on July 1 or can a tenant get an extension?” and “Can landlords evict tenants if no payment is made after the moratorium is lifted?” While Florida’s statewide mortgage foreclosure… Read More »
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 »
Landlords vs. Tenants: Can You Break Your Lease Early Due to the Coronavirus Pandemic?
Many people who were affected by the coronavirus crisis are trying to break their rental leases. Most of them are trying to get out of their lease due to their inability to afford rent, while others are doing so for health reasons. Given that nearly 50% of Americans live paycheck to paycheck, the COVID-19… Read More »
5 Considerations for Landlords During the COVID-19 Pandemic
Business closures and disruptions stemming from the COVID-19 pandemic have forced commercial real estate landlords and tenants to make tough decisions to ease the economic burden of the crisis. Florida’s stay-at-home order has brought mandatory closures, which prompted many tenants to ask their landlords to lower their rent. Others, meanwhile, refuse to pay rent… Read More »
