Parts one, two and three covered how landlords obtain an eviction and judgment for damages resulting from a tenant’s breach of the lease. However, post-eviction, landlords frequently confront the problem of what to do with the personal property the tenant has left behind. This may include: office furniture and equipment; inventory or […]
Parts one and two of this commercial eviction blog series have looked at the process for initiating an eviction when a tenant defaults on payment of the rent or other terms of its lease, and the many statutory requirements for the process. As a landlord, you should also be aware […]
Many landlords are reluctant to grant tenant option to purchase in a lease agreement. That’s because the options may disincentivize other potential buyers or cause delays in the landlord’s negotiation of a sale. Still, landlords may grant options to purchase to attract large, creditworthy tenants, particularly if they are the […]
Having been served with a notice of default, a tenant then has three days to cure a breach for failure to pay rent and fifteen days to cure a nonmonetary breach, unless the parties’ lease provides different timeframes. If the tenant subsequently fails to cure the breach, the landlord must then file suit for eviction.
It’s an unfortunate but harsh reality for commercial landlords. You will inevitably face an eviction situation at some point during your ownership of commercial property. However, while no landlord wants to experience an eviction scenario, you should be prepared for it. The first step is having a basic working knowledge […]
The importance of the economic loss rule in construction law cannot be overstated. If a construction project goes south, the economic loss rule allows construction law attorneys to identify which parties to the project can bring what types of claims against which other parties. This blog post discusses Florida’s economic […]
Leases for residential real property are governed by Florida Statute Sections 83.40 through 83.682; leases for commercial real property are governed by Sections 83.001 through 83.251. In addition to these statutory requirements, landlords and tenants must understand their rights and obligations under their written lease agreement. The focus of this post is landlords’ and tenants’ rights and obligations, under residential and commercial leases, to maintain the leased property.
In a Landlord-Tenant relationship, there is always the possibility of bad blood emerging between the owner/lessor of the real estate and the tenant/lessee who leases that real estate. One of the most common causes for such bad blood results from disagreements surrounding the payment, or lack thereof, of rent. Landlords should be aware that once a landlord files a complaint against a tenant, a tenant must pay money and attention. The purpose of this blog post is to provide an overview of the “pay-to-play” system of eviction litigation in Florida, practical steps, and analysis for landlords to efficiently evict a defaulting tenant, while at the same time maximizing their potential to recover rent owed under the lease. This blog will explore § 83.232, Florida Statutes, as well as its significantly similar residential counterpart, § 83.60(2), Florida Statutes.
Whether due to economic hardships, mismanagement, unforeseen circumstances, or even fraud and breach of fiduciary duty, a condo or homeowners association may find itself in desperate need of help. Additionally, properties that have been neglected may also be running afoul of local code compliance regulations or may be so far […]
Outside of Florida’s codified landlord/tenant laws, there are several ways a landlord can protect itself when involved in a commercial real estate lease. This blog post highlights some of the ways that commercial landlords may protect their personal and financial interests in commercial real estate leases. 1. Vet credit from […]