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
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
12/2/2020
/ Business Litigation ,
Commercial Leases ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Eviction ,
Failure To Pay ,
Florida ,
Infectious Diseases ,
Popular ,
Rent ,
Rental Property ,
Right to Possession ,
Waiver of Rights
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
9/24/2020
/ Business Interruption ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Infectious Diseases ,
Landlords ,
Rent ,
Rental Property ,
Tenants
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
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
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
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
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
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
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
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
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