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Category Archives: Landlord Tenant Litigation

LandlordTenant3

Florida Lawmakers Introduce Bill Aimed at Strengthening the Rights of Tenants—Would Remove Legal Requirement to ‘Post’ Back Rent With the Court

By Michael Pike and Daniel Lustig |

As reported by Florida Politics, two Florida legislators have introduced concurrent bills that would strengthen the legal rights of tenants who are facing eviction for non-payment of rent. Senate Bill 1528 is sponsored by Victor Torres and its counterpart, House Bill 6069, is sponsored by Anna V. Eskamani. If enacted, the bills would reform… Read More »

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Landlord4

What to Do if the Florida Landlord is Refusing to Return a Tenant’s Security Deposit?

By Michael Pike and Daniel Lustig |

When signing a lease to an apartment or house in Florida, the landlord will request a security deposit on top of the rental payment. But what if he or she is refusing to return a tenant’s security deposit after the tenant moves out? What is a Security Deposit in Florida? A security deposit is… Read More »

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Eviction3

Florida Appeals Court Rules in Favor of Commercial Landlord in Eviction Case

By Michael Pike and Daniel Lustig |

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 »

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Landlord2

Miami Beach Restaurant Locked in Dispute With Landlord

By Michael Pike and Daniel Lustig |

According to reporting from the Daily Business Review, a commercial landlord has filed a lawsuit against the Miami Beach-based Monty’s Sunset restaurant. The landlord, which recently took over the building in which the tenant is located, alleges that the restaurant is substantially behind on its rental payments and that it has breached a contract… Read More »

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KnowRights

Commercial Landlord-Tenant Laws in Florida: The Three-Day Notice and Right to Cure

By Michael Pike and Daniel Lustig |

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 »

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Litigation4

Landlord-Tenant Lawyers Allege that Residents are Being Improperly Evicted from Trailer Park in North Florida

By Michael Pike and Daniel Lustig |

According to reporting from the Pensacola News Journal, a collection of landlord-tenant attorneys who are representing a group of tenants at the Flamingo Park trailer park are alleging that the landlord violated Florida law. The tenants, who are mostly lower income retirees, are scheduled to be evicted in June. Below, our West Palm Beach… Read More »

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LandlordTenant2

Proposed Legislation: Florida Lawmakers Consider Additional Rights for ‘Renters’

By Michael Pike and Daniel Lustig |

According to reporting from the Orlando Weekly, a pair of Florida lawmakers are set to introduce a new bill that would create additional legal rights for renters in the state. In a press release, State Senator José Javier Rodríguez and State Representative Carlos Guillermo Smith announced several proposed reforms to the state’s landlord-tenant laws…. Read More »

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LandTenant

Four Mistakes Commercial Landlords Must Avoid When Dealing With Tenants Who Owe Rent

By Michael Pike and Daniel Lustig |

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 »

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Legal6

Miami Area Mall Faces Class Action Lawsuit from Commercial Tenants

By Michael Pike and Daniel Lustig |

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 »

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Landlord3

Florida Appeals Court Rules In Favor of Landlord: This Case Shows Why You Need a Well-Drafted Lease

By Michael Pike and Daniel Lustig |

On August 8th, 2018, Florida’s Third District Court of Appeal ruled in favor of a commercial landlord in a complex lease renewal dispute. In the case of Jahangiri v. 1830 North Bayshore, the appeals court declined to uphold a renewal clause included within a commercial rental agreement on the grounds that it was not… Read More »

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