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Tag Archives: West Palm Beach Landlord-Tenant Litigation Attorney

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City of Palm Beach Gardens Has Commercial Sublease Requirement Ruled Unconstitutional

By Michael Pike and Daniel Lustig |

On July 12th, 2017, Florida’s Fourth District Court of Appeal issued a ruling in the case of Sears, Roebuck & Co. v. Forbes/Cohen Florida Properties and the City of Palm Beach Gardens. In it, the court struck down a Palm Beach Gardens city regulation that restricted certain commercial tenants’ ability to subdivide their property…. Read More »

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Florida Landlord-Tenant Disputes: Constructive Evictions

By Michael Pike and Daniel Lustig |

A constructive eviction occurs when a landlord’s actions (or inactions) interfere with a tenant’s legal right to enjoy the use of property. If a tenant, either residential or commercial, can prove constructive eviction in court, then that tenant is legally entitled to terminate the lease and to seek damages in the form of financial… Read More »

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Florida Appeals Court Decision May Have Significant Ramifications for Commercial Leases

By Michael Pike and Daniel Lustig |

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 »

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Miami Condo Association Sued Over Excessive Fees

By Michael Pike and Daniel Lustig |

According to reporting from the Miami Herald, a local tenant is leading a class action lawsuit against a Miami condo association for allegedly excessive application and move-in fees. According to the lawsuit, which was filed in a Dade County court, the fees are in direct violation of Florida law. More specifically, the plaintiffs allege… 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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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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The Do’s and Dont’s of Leasing

By Michael Pike and Daniel Lustig |

Renting an apartment comes with more than just the obligation to pay rent. Tenants and landlords both have respective responsibilities to ensure that tenancies are carried out properly and in accordance with Florida laws. If you are unsure of your obligations under a tenancy or are concerned that your landlord is failing to meet… Read More »

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Protecting Your Rental Payment

By Michael Pike and Daniel Lustig |

For many people, their rental or mortgage payment is their highest, or one of their highest, fixed monthly expenses. If, for any reason, a rental payment were to be mishandled or misappropriated and not applied to the rental balance for that month, most of us would have significant problems recouping the cost in enough… Read More »

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Protecting Your Security Deposit, Part II

By Michael Pike and Daniel Lustig |

Throughout Florida, both tenants and landlords may experience problems with one another, especially regarding security deposits. In part I of this series, we discussed rights of tenants in receiving the security deposit after completion of a lease, as well as the reasons why a landlord may withhold all or a portion. In part II,… Read More »

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Protecting Your Security Deposit

By Michael Pike and Daniel Lustig |

Many renters have waited anxiously for the return of their security deposit after completing a lease with a landlord. Sometimes, the renter does not receive the amount of the security deposit they expected and sometimes the renter does not receive their deposit at all. When this happens, you should speak to an experienced attorney… Read More »

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