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
Under a particular Florida statute, in a commercial eviction, 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...more
12/2/2020
/ Business Litigation ,
Commercial Leases ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Eviction ,
Failure To Pay ,
Florida ,
Infectious Diseases ,
Popular ,
Rent ,
Rental Property ,
Right to Possession ,
Waiver of Rights
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
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
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