News & Publications

Hurricanes And Price Gouging: Contractors Should Exhibit Caution

Hurricanes bring a myriad of legal issues to the forefront. One of the most important things for any contractor or supplier to remember during hurricane repairs are the price gouging laws. Florida Statute 501.610, commonly referred to as the Price Gouging Statute, states that during a declared state of emergency the rental or sale of essential commodities for an amount that grossly exceeds the average price for that commodity during the 30 days before the declaration [...]

Can A Commercial Landlord Engage In Self-Help Against A Tenant In Default?

Maybe, But It Depends Upon the State in Which the Property Is Located The COVID-19 pandemic caused unprecedented financial damage to the commercial real estate sector. Commercial landlords were forced to make difficult decisions, including whether to accept rent abatements, payment deferrals, delayed tenant buildouts, lease renegotiations or other means of achieving a commercially reasonable outcome. Many landlords, however, either had no choice or opted to pursue formal eviction proceedings – against those tenants including [...]

A Brief Guide To Ground Lease Terminations: Considerations For Lessors And Lessees When A Leasehold Expires

In a typical ground lease transaction, a lessor leases property to a lessee for several decades. At the outset of the lease, there are many factors that both the lessor and lessee consider as they negotiate the lease terms and conditions, perform due diligence, and otherwise prepare to enter into a long-term real estate transaction. Although the parties, in drafting a new lease, contemplate end-of-lease matters, such as negotiating surrender clauses that address what happens [...]