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Tag Archives: Landlord Tenant Disputes

LandlordTenant

What is a Covenant of Continuous Operation?

By Michael Pike and Daniel Lustig |

Landlords have the legal right to put certain restrictions on the use of their property. Any restrictions should be negotiated and included within the lease. One common example is that residential landlords frequently include terms that prevent apartment renters from re-listing their place on short term rentals websites such as AirBnB and HomeAway. Another… Read More »

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Florida Appeals Court Affirms $8.8 Million Award for Improperly Evicted Tenant

By Michael Pike and Daniel Lustig |

When it comes to evicting tenants in Florida, landlords must always follow the proper legal procedures. This is especially important for commercial landlords as these type of cases carry a substantial amount of liability risk. Recently, a group of Florida landlords found this out the hard way. On December 7th, 2016, the state’s Fourth… Read More »

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Can a Landlord Be Held Liable for a Tenant’s Bad Action in Florida?

By Michael Pike and Daniel Lustig |

If you are like most landlords, you have little desire to be involved in the day-to-day lives on your tenants. After all, landlords are not babysitters. Still, as a property owner, it is extremely important that you keep an eye on what happens on your premises. In some cases, a Florida landlord can actually… Read More »

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My Tenant is Not Paying, What Can I Do?

By Michael Pike and Daniel Lustig |

A tenant’s failure to pay the rent can be a huge financial burden on a landlord. Beyond the costs, it can also be time consuming and extremely stressful. You likely want to rectify the issue immediately. After all, the terms of your lease were agreed upon ahead of time and now your tenant is… Read More »

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Florida Court Issues Instructive Opinion in ‘Illegal’ Lease Case

By Michael Pike and Daniel Lustig |

Recently, a Florida court issued a decision in the case of Lucas Gaming, Inc v. Morris AR Associates and Barrick Enterprises, Inc. This case involved a landlord-tenant dispute, in which the tenant argued that a change in Florida law made their lease illegal, and thereby, unenforceable. In the end, the Court of Appeal for… Read More »

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Common Area Maintenance (CAM) Charges: Three Things Florida Landlords Need to Know

By Michael Pike and Daniel Lustig |

Many commercial leases include common area maintenance (CAM) charges. CAM charges are generally billed to commercial tenants on top of their rent obligations. These charges account for the costs related to shared common space on the commercial property. Many different specific costs might be included within a CAM charge. For example, shared utilities, security… Read More »

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What Happens if My Commercial Tenant Files for Bankruptcy?

By Michael Pike and Daniel Lustig |

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 »

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Florida Lawsuit Accuses Commercial Landlord of RICO Violations

By Michael Pike and Daniel Lustig |

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 »

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Florida Landlords: Terms That Your Commercial Lease Should Have

By Michael Pike and Daniel Lustig |

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 »

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Knowing When You Need An Attorney

By Michael Pike and Daniel Lustig |

The legal system is meant for everyday citizens to access for their benefit and knowledge. However, there are some parts of the law that are best navigated by an experienced attorney. When the stakes are high and you need a solution in an expedient manner, it may not be best to attempt to face… Read More »

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