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Location, Location, Location… Site Selection Issues for Tenants

We all know the old adage favored by real estate brokers… “location, location, location.” While more frequently used in the context of residential real estate, it is equally applicable in the commercial real estate market...more

Real Estate Tax Considerations for Landlords and Tenants

It is customary for landlords to require their tenants to pay real estate taxes attributable to the landlord’s property being leased, along with other common area expenses like maintenance, insurance and the like. When there...more

Protect Yourself Against Tenant Construction Liens in Florida

If you are a commercial landlord in Florida, you may inadvertently be subjecting your land and building to liens by contractors who perform work for your tenants. With the recent economic downturn, many commercial buildings...more

Hurricane Idalia: Take a Hard Look at the Force Majeure Clauses and Your Business Risks

With Hurricane Idalia about to cross Florida, people are naturally focused on preparations and the potential adverse impacts that it will have. For businesses, that should include analysis of contractual obligations that...more

Six Tips for Lenders Foreclosing a Shopping Center

Foreclosing on a mall or shopping center presents unique issues for a lender. Failing to anticipate these issues could cause problems, such as a lengthier foreclosure process or a lower resale value after the foreclosure....more

Exclusive Use Clauses in Shopping Center Leases

Exclusive use clauses are not uncommon in shopping center leases. Tenants often request these clauses to prevent the landlord from renting space to other tenants who are competitors. Ideally, a shopping center includes a...more

4 Tips to Protect Yourself Against Wire Fraud in Leasing

Wire fraud can result in significant loss, and it is permeating all types of transactions, including leasing. With tenants more frequently wiring funds to pay for security deposits and rents, it is important to take...more

Property Buyer Beware: Avoid Costly Tax Liabilities with a Sales Tax Clearance Letter

Florida imposes sales tax on rent payable under commercial leases. The rate imposed by the state is 5.5%, but local governments have the right to impose a surtax which varies based on the jurisdiction....more

There Ain’t No Such Thing as Free Rent

Commercial tenants sometimes bargain for “free rent” periods from landlords as part of the lease negotiation process, and both tenants and landlords may view free rent periods as a “concession” by the landlord in lease...more

Self-Insurance Means No Insurance

It is not unusual for Tenants, especially larger ones, to negotiate for so-called “self-insurance” in their Leases. This concept can be applied to any form of insurance that a Landlord may require from a Tenant, except for...more

Protecting Yourself Against Lien Claims

If you are a commercial Landlord or property manager, hopefully you are taking advantage of a Florida statute that allows you to limit the Landlord’s liability for lien claims resulting from work performed by your Tenants’...more

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