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If It Walks Like a Lease, Talks Like a Lease: Leases vs. Licenses

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

Pay Attention to Prevailing Party Fee Provisions

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

Florida Issues Rules Permitting Senior Living Visitation

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

Arbitration and Eviction: A Recipe for Delay

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

Will Your Form of Resident’s Agreement Hinder Potential Eviction?

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

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