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
10/11/2022
/ Appeals ,
Appellate Courts ,
Breach of Contract ,
Buyers ,
Commercial Litigation ,
Commercial Real Estate Contracts ,
Contract Terms ,
Florida ,
Landlords ,
Materiality ,
Option Contracts ,
Purchase Agreement ,
Real Estate Transactions ,
Sellers ,
Tenants
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
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
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
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
5/31/2017
/ Americans with Disabilities Act (ADA) ,
Disability ,
Disability Discrimination ,
Florida ,
Pending Legislation ,
Property Owners ,
Public Access Laws ,
Public Accommodation ,
Reasonable Accommodation ,
Site Remediation ,
Title III
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
2/20/2017
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Commercial Real Estate Market ,
Disability ,
Disability Access Claims ,
Disability Discrimination ,
Florida ,
Property Owners ,
Public Accommodation ,
Title III
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