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. The litigation began when, after the tenant/buyer exercised its purchase...more
10/11/2022
/ Appeals ,
Appellate Courts ,
Breach of Contract ,
Buyers ,
Commercial Litigation ,
Commercial Real Estate Contracts ,
Contract Terms ,
Florida ,
Landlords ,
Materiality ,
Option Contracts ,
Purchase Agreement ,
Real Estate Transactions ,
Sellers ,
Tenants
In a recent decision, the Second District Court of Appeal indirectly addressed an issue that comes up from time to time in landlord-tenant litigation: whether the landlord must produce in discovery documents relating to other...more
In a Florida commercial eviction, by statute 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 have waived its...more
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
Many of the topics we cover in this space ultimately come down to problems in drafting. Of course, these drafting issues aren’t apparent when the parties execute the lease, contract, or other document....more
All too often commercial parties sign contracts without paying much attention to the “boilerplate” provisions. And all too often that causes a problem for one of the parties. ...more
A Florida landlord recently learned that “self-help” is not allowed for evicting a tenant, even if the parties’ lease says it is.
In Palm Beach Florida Hotel and Office Building Limited Partnership v. Nantucket...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