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 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
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
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
1/19/2021
/ Appellate Courts ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Eviction ,
Judges ,
Landlords ,
Late Payments ,
Rent ,
State and Local Government ,
State Courts
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
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
8/14/2019
/ Appeals ,
Commercial Tenants ,
Corporate Counsel ,
Counterfeiting ,
Intellectual Property Protection ,
Landlords ,
Liability ,
Shopping Centers ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
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
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
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