Business and Legal Insights

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.Read More

In certain landlord-tenant disputes, courts may be open to requiring the landlord to produce leases with other tenants, but also may be open to redactions to those leases.Read More

A hearing on payment into the registry may result in a preliminary ruling as to some of the ultimate issues in an eviction, but it is not the same as a final hearing.Read More

By refusing to accept an environmental activist’s appeal, the US Supreme Court let stand a developer’s damages judgment against the activist for her challenge to the developer’s project.Read More

A Florida court again reiterated that there is no “fairness” exception to the requirement of paying rent on time into the court registry during a commercial eviction.Read More

A Florida court reiterated that there is no “fairness” exception to the statute’s requirement of paying rent on time into the court registry during a commercial eviction.Read More

If you are considering buying a commercial note that is in default because you ultimately want to foreclose to buy the property securing the loan, there are several things to consider as part of your due diligence.Read More

As real estate users consider how Covid will change their space needs, they should also consider what provisions will serve them in future lease-related litigation. Here are 10 questions your litigator may ask about your lease.Read More

Chances are, parties to Florida real estate contracts didn’t give much thought to a force majeure clause when they drafted their agreement, other than to make sure there was one and, possibly, to make sure it covered hurricanes.Read More

Florida courts have not provided a brightline rule for “ordinary wear and tear” means in a commercial lease, but they have provided some guidance.Read More

A Florida court considered whether commercial tenant paid its full share of operating expenses.Read More

A Florida court considered whether commercial tenant paid its full share of operating expenses.Read More

A Florida court considered whether a lease guaranty covered extensions of the lease term not provided for in the original lease.Read More

In a recent case, an appellate court recently threw a wrench into how the collecting of rents works during some foreclosures.Read More

A new case about an exculpatory clause in a lease is an example of the importance of good drafting.Read More

Under even the most landlord-favorable standard, can a commercial landlord ever have an absolute right to reject a proposed assignment?Read More

Under even the most landlord-favorable standard, can a commercial landlord ever have an absolute right to reject a proposed assignment?Read More

An update on our May post about a new Florida law meant to help property owners fight ADA lawsuits.Read More

Acceleration clauses do not usually cause too much controversy in litigation, but there is room for missteps by the landlord.Read More

Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act.Read More

After the owner of a Florida shopping center found itself getting billed for property taxes on land it does not own, an appellate court had to figure out whether a lease is just a lease.Read More

What do you do when you’re sued for having a property alleged to be out of compliance with the Americans with Disabilities Act?Read More

A Florida landlord recently learned that “self-help” is not allowed for evicting a tenant, even if the parties’ lease says it is.Read More

Many types of contracts require the parties to submit their disputes to arbitration. For example, arbitration clauses are common in consumer agreements, such as car leases and gym memberships. While a consumer can negotiate certain terms, like price, most of the provisions are not negotiable. While the consumer may be stuck...Read 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. Here are ten things your litigator wants to see in your commercial lease.Read 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 drafting.Read More

Taxpayers must remember that filing a lawsuit to challenge your county property appraiser’s valuation of your property, or denial of an exemption from ad valorem taxes, does not get you out of paying while the suit is pending. What happens, though, when the lawsuit covers one tax year but goes on for more than one?Read More

Does a marina serve a public purpose? Does it matter if the marina is owned by a city or a private business owner?Read More

Even well-drafted partnership and operating agreements often relegate one key topic to boilerplate language: how to remove a manager of the business when the partners disagree on how it is being run.Read More

It’s a common commercial landlord-tenant showdown – a tenant accuses its landlord of failing to make repairs and threatens to withhold rent. But can a tenant legally do that?Read More

In the 2015 case of Griffin Industries, LLC v. Dixie Southland Corp., the Fourth District Court of Appeal addressed two issues that frequently arise in landlord-tenant litigation: (i) on what basis a tenant may claim constructive eviction; and (ii) a landlord’s damages after a tenant vacates the premises.Read More

In Genesis Ministries, Inc. v. Brown, Case No. 1D15-1310 (Fla. 1st DCA February 16, 2016), the First District Court of Appeal held that a challenge to a property tax lien does not need to be filed within 60 days of the certification of the tax roll.Read More

Sometimes, even where the lender has the original note and introduces it into evidence at a trial in a foreclosure, the borrower challenges standing.Read More

Welcome to the Florida Commercial Real Estate Litigation Blog. Our blog name does not leave much to the imagination as to what we will cover here – all things related to commercial real estate litigation in Florida. There will be case updates and posts about topics of interest to litigators and transactional attorneys, as...Read More