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Drawn-out negotiations over purchase agreement result in extensive litigation

A recent case weighed the extent to which a purchaser was able to negotiate terms when exercising a purchase of property under an option in a lease. The litigation began when, after the tenant/buyer exercised its purchase...more

In eviction case, trial court wrongly made landlord produce leases with other tenants

In a recent decision, the Second District Court of Appeal indirectly addressed an issue that comes up from time to time in landlord-tenant litigation: whether the landlord must produce in discovery documents relating to other...more

Trial Court Wrongly Dismisses Case at Hearing on Paying Rent into Registry

In a Florida commercial eviction, by statute where there is a court order requiring the tenant to pay rent into the court registry during the lawsuit and the tenant fails to pay, the tenant is considered to have waived its...more

Objecting to a Real Estate Project in Florida Carries a Risk of Liability

By refusing to hear an appeal of a decision by a Florida appellate court, the US Supreme Court effectively sided with a developer who won a multi-million judgment against someone who tried to undermine the developer’s...more

Update: Same court again takes hard line on late rent payment into courtregistry

We previously wrote about a case in which a Florida appellate court strictly applied the statute requiring a commercial tenant to pay rent into the court registry during an eviction proceeding. The appellate court noted that...more

Court takes hard line on late rent payment into court registry during COVID-19

Under a particular Florida statute, in a commercial eviction, where there is a court order requiring the tenant to pay rent into the court registry during the lawsuit and the tenant fails to pay, the tenant is considered to...more

Buying distressed debt to get the underlying property – a litigation due diligence checklist

It’s beyond the scope of this blog to predict where the commercial real estate market is heading, but there are those who have predicted a downturn. If that turns out to be right, there may be more loans than usual going into...more

10 Questions Your Litigator May Ask about Your Post-Covid Commercial Lease

Much has been written about commercial real estate in a post-Covid world. As real estate users consider how Covid will change their space needs, they should also consider what provisions will serve them in future...more

Florida’s Narrow Take on Force Majeure Clauses

Due to COVID-19, parties to commercial contracts are invoking force majeure clauses. Chances are, parties to Florida real estate contracts didn’t give much thought to a force majeure clause when they drafted their agreement,...more

Landlord Liable for Subtenants’ Trademark Infringement

If you asked most commercial landlords what keeps them up at night, they probably wouldn’t say that they worry about their tenants committing trademark infringement.  Granted, trademark infringement is not likely to be an...more

Landlord Loses Additional Rent Dispute Based on Lease Language

Another new commercial lease case, another instance of drafting being the deciding factor.  We’ve looked at cases where drafting affected guaranties, exculpatory clauses, remedies, and how to calculate renewal rent.  To be...more

The continuing lease guaranty that didn’t continue after all

A common theme of the cases and issues discussed in this blog is that document drafting is at the root of many commercial real estate disputes....more

Court stops foreclosing lender from getting rents collected by property owner

It’s common for a commercial loan to include an “assignment of rents,” by which the borrower assigns to its lender the rents it gets from the property securing the loan.  In Florida, there’s a statute that governs how an...more

A Pricey Drafting Error in a Jewelry Store Lease

Many of the topics we cover in this space ultimately come down to problems in drafting.  Of course, these drafting issues aren’t apparent when the parties execute the lease, contract, or other document....more

Lease guaranty’s demand requirement trips up landlord

All too often commercial parties sign contracts without paying much attention to the “boilerplate” provisions.  And all too often that causes a problem for one of the parties.  ...more

UPDATE: Property Owners Gaining New Tools To Fight ADA Lawsuits

At the end of May, I wrote a post about new legislation in Florida intended to help property owners fight Americans with Disabilities Act (“ADA”) lawsuits. As discussed in more detail in the prior post, the bill allows...more

Accelerated rent and traps for the unwary landlord

Commercial leases often give the landlord the right to accelerate rent through the end of the lease term when the tenant defaults. Acceleration clauses do not usually cause too much controversy in litigation, but there is...more

Property Owners Gaining New Tools To Fight ADA Lawsuits

Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act (“ADA”). As covered in a prior post, over the last couple of years, Florida has seen a big...more

Is a lease always just a lease?

For one Miami-Dade County shopping center owner, the answer is now yes, but only after a ruling from Florida’s Third District Court of Appeal in Garcia v. Dadeland Station Associates, Ltd. In 2015 that owner found itself...more

Your property was hit with an ADA lawsuit – now what?

Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that...more

Don’t lock out your tenant, even if the lease says so

A Florida landlord recently learned that “self-help” is not allowed for evicting a tenant, even if the parties’ lease says it is. In Palm Beach Florida Hotel and Office Building Limited Partnership v. Nantucket...more

5 things to consider when deciding whether to include an arbitration clause in a real estate contract

Many types of contracts require the parties to submit their disputes to arbitration. For example, arbitration clauses are common in consumer agreements, such as car leases and gym memberships. While a consumer can negotiate...more

Top 10 provisions your litigator wants in your commercial lease

It’s bad enough having to call your real estate litigator. But it’s worse when he or she tells you that your lease is missing some critical provision that would help you in your current dispute. Every commercial lease is...more

What happens when a tenant’s business becomes illegal during the lease term?

When the tenant’s business is made illegal during the term of the lease, the tenant’s business is likely to disappear altogether, leading to a likely default. What that means for the landlord and tenant may come down to...more

Does filing a lawsuit challenging property taxes get you out of paying them while the suit is pending?

With proposed property tax assessments being mailed next month (and final bills being mailed in November), it’s almost the time of year where property owners think about challenging their assessments. Taxpayers must remember...more

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