Commercial Leases and Anti-Waiver Clauses
I am a commercial tenant. I continuously pay my rent payments late. I never heard a peep from my commercial landlord. Now, all of a sudden, my commercial landlord is telling […]
Nonpayment of Rent
Commercial Landlord has No Obligation to Sublet Tenant’s Leased Space
In a breach of commercial lease action initiated by a landlord, a tenant may argue that the landlord failed to mitigate its damages. A fairly common defense. For instance, if […]
Commercial Landlord Cannot Evict Tenant when Tenant Overpays Rent
Sometimes a dispute between a commercial landlord and tenant involves the amount of rent the tenant actually owes when factoring in CAM expenses. (CAM expenses are common area maintenance expenses […]
Acceleration Clauses in Commercial Leases
Commercial leases have (and should have) an acceleration clause that allows the commercial landlord to accelerate the defaulting tenant’s lease payments for the unexpired portion of the lease (i.e., accelerating […]
Failure of Commercial Tenant to Pay Rent into Court’s Registry
Florida Statute s. 83.232 requires a commercial tenant to pay into the court registry the amount of rent the commercial landlord claims is unpaid in the eviction complaint in addition […]
Defective 3 Days’ Notice? Not so Fast…
In a prior posting, I discussed the notice requirement in Florida Statute s. 83.20 associated with a commercial landlord evicting a nonpaying tenant and what a commercial landlord had to […]
Removal (Eviction) of Commercial Tenant for Nonpayment of Rent
Your commercial tenant owes you rent. Enough is enough. You want to remove (evict) the tenant for nonpayment. Take a look at your commercial lease. What does your lease say […]