We previously wrote that commercial lease renewal provisions are void and unenforceable if they rely upon “market rent” with no mechanism to determine the market rent, but what happens when the renewal provision is completely...more
There is a common misperception among landlords that licenses are more appropriate for smaller space even though the occupant is being granted exclusive use for a set period of time. As a result, you will often see documents...more
It is routine in Florida leases to consider any prevailing party fee provision as automatically reciprocal due to Section 57.105(7), Florida Statutes. That Statute provides for reciprocity of attorneys’ fees even where a...more
On Wednesday, May 5, 2021, Judge Dabney Friedrich of the U.S. District Court for the District of Columbia ruled that the residential eviction moratorium was unlawful as it was beyond the authority of the United States Centers...more
5/10/2021
/ Centers for Disease Control and Prevention (CDC) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Enforcement Authority ,
Eviction ,
Financial Distress ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Popular ,
Relief Measures ,
Rent ,
Rental Property ,
Tenants
On March 28, 2021, the United States Centers for Disease Control and Prevention (CDC) extended its nationwide moratorium on residential evictions, prohibiting the eviction of residential tenants who qualify under the CDC’s...more
Since March, the Division of Emergency Management for the State of Florida has suspended visiting rights at senior living facilities due to the COVID-19 pandemic to all but “compassionate care” situations (i.e., end of life...more
This week, Florida Governor Ron DeSantis extended a previous executive order which suspended and tolled any Florida Statute that allows landlords to evict residential tenants for non-payment of rent to June 2, 2020. The...more
As a follow-up to our e-blast yesterday, Orange County announced that it too will not enforce evictions during the Coronavirus Disease 19 (COVID-19) emergency. It is unclear at this time if the bar on serving writs of...more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Eviction ,
Infectious Diseases ,
Landlords ,
Local Ordinance ,
Public Health ,
Relief Measures ,
Rental Property ,
Residential Leases ,
State and Local Government ,
Tenants
The Miami-Dade Police Department announced that it would not enforce Writs of Possession during the current state of emergency in Miami-Dade County due to Coronavirus Disease 2019 (COVID-19)....more
We will often see a commercial lease that provides a right of termination to only one of the parties to the lease and it begs the question, “is this really a contract if one party can walk away at any time?” ...more
Leases in an independent living component of an assisted living facility will often contain an arbitration provision. Although arbitration can be helpful in reducing litigation expenses, arbitration can lead to significant...more
When a tenant in an independent living community fails to pay rent, an operator will want to remove the tenant as quickly as possible with the fewest administrative hurdles. If a residency agreement does not specify the...more