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Can a Landlord Obtain Funds Deposited by Tenant in the Court’s Registry?

A recent court case (Exclusive Motoring Worldwide, Inc. v. Soral Investments, Inc., 2022 WL 5237093 (Fla. 3d DCA 2022)) serves as a good reminder that a landlord may only be able to obtain funds deposited into the court’s...more

My Dog Ate My Lease Renewal Notice

If a tenant wants to renew its lease and fails to send the landlord written notice on time of its intent to renew, is the tenant out of luck? ...more

Could an eviction lawsuit result in a tenant paying less rent?

Typically, once a landlord files a lawsuit for eviction, the tenant is required to pay rent into the court’s registry if it seeks to remain in possession of the property during the lawsuit. However, if the tenant disputes...more

What happens when a lease doesn’t say how to calculate rent after renewal?

Leases often contain options to renew the lease between the landlord and tenant provided that specific conditions are met. ...more

Why Federal Courts Think Your Website May Be Like Your Real Estate

We have previously discussed what a business should do when it’s hit with a lawsuit over alleged violations of the Americans with Disabilities Act (“ADA”), but can a retail tenant be sued only for ADA violations at its...more

Landlords beware: Your trademark infringing tenant is your problem too

If a landlord learns that trademark infringement is occurring on its premises by one of its tenants and fails to stop further violations, the landlord may be held responsible by the trademark holder for damages relating to...more

New court decision affects Florida foreclosures

Until late 2016, Florida appellate courts had not considered what happens to liens placed on property between a foreclosure final judgment and a foreclosure sale. However, an August 24, 2016 opinion issued by the Fourth DCA...more

If I get a judgment against my commercial tenant, will I be able to collect?

At times, the easiest part of litigation can be getting a judgment, while collecting on the judgment can be time consuming and expensive. Unfortunately, it is difficult to determine whether you will able to collect on a...more

How to Prevent a Tenant from Removing Valuable Equipment Before They Flee

A landlord may prevent a tenant from taking equipment from the premises by filing a distress writ. Before a landlord files suit for eviction, it should first consider whether there is any equipment on the premises that...more

Can I Get a Money Judgment If I Can’t Locate the Defendant or If He Resides Out of State?

If you can’t locate a party and personally serve him, you can follow the less-known method of service, called substitute service. Once you have filed your complaint seeking damages for breach of a lease or guaranty, you are...more

If I Drop My FDUTPA Claim Because I Realize I Can’t Prove Actual Damages, Am I Still Liable For The Defendant’s Attorney’s Fees?

Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) prohibits unfair, deceptive, and unconscionable actors or practices in the conduct of any trade or commerce—including the purchase and sale of real estate. A...more

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