Make Sure Your Renewal Option is SPECIFIC
Make sure the renewal option provision in your commercial lease is specific. Otherwise, an illogical outcome may reached, as exemplified in Jahagiri v. 1830 North Bayshore, LLC, 43 Fla.L.Weekly D1806a […]
Consideration of Business Interruption Insurance Coverage
Hopefully, as a commercial landlord or commercial tenant, you have business interruption insurance coverage. If you are not sure what this coverage is, you should be. It is important insurance […]
Cure Provision in Commercial Lease
Can a commercial lease contain a cure provision for a tenant to cure defaults under the lease? Certainly. Is it a good idea? Depends. From a landlord’s perspective, you want […]
Tenant Entitled to Hearing to Determine Amount of Rent to Pay into Registry
Florida Statute s. 83.232 refers to rent a commercial tenant is required to pay into the court’s registry when the landlord files an action for eviction. For the benefit of […]
Surrendering Leased Premises to Commercial Landlord in Good Condition
There are instances, particularly with long term commercial leases, where the original landlord and the original tenant are not the same. There are property sales, mergers and acquisitions, and assignments, […]
Exculpatory Clauses in Leases (and Contracts)
An exculpatory clause is a clause in a contract, such as a lease, that relieves a party of liability for damages. In a lease, there may be an exculpatory clause […]
Acceleration of Rent under a Commercial Lease or Eviction?
Acceleration of rent or Eviction? What should I do if a tenant is not paying rent by the due date? Acceleration of rent clauses are valid in commercial leases. Jimmy […]
Tenant’s Requirement to Maintain Premises in First Class Condition
Commercial leases oftentimes require the tenant to maintain the premises in first class condition. The onus is on the tenant to make the necessary repairs as required by the […]
Defense of Avoidable Consequences to Property Damage
There is an affirmative defense known as the doctrine of avoidable consequences that is often confused with the affirmative defense known as the duty to mitigate. Both defenses go to […]
Is the Breach of the Commercial Lease Material?
A commercial lease is a contract. And, just like any contract, breach of a contract requires that there be a material breach of that contract. The materiality of a breach […]