Pay Attention to Prevailing Party Fee Provisions

By: James Walson It is routine in Florida leases to consider any prevailing party fee provision as automatically reciprocal due to Section 57.105(7), Florida Statutes. That Statute provides for reciprocity of attorneys’ fees even where …

Five Quick Bullets for a Tighter Lease

By: Shawn Rader Here are five quick tips for tightening a commercial real estate lease and avoiding potential pitfalls down the road. The Parties It is amazing how often the identity of the parties to …

What Landlords and Tenants Need to Know This Hurricane Season

By: Scott Renaud, Foundry Commercial; Quino Martinez and Nicole Cuccaro, Lowndes This year, forecasters at the National Oceanic and Atmospheric Administration correctly predicted another above-average Atlantic hurricane season, which runs June 1 through November 30. …

Critical Elements of Tenant Estoppel Letters

By: Gary M. Kaleita If you are an investor buying a leased property, you are undoubtedly looking to the rental income as the return on your investment, in addition to the appreciation in the value …

Submerged Land Leases

By: Gary M. Kaleita The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the Board of Trustees) is vested with title to all land lying under navigable waters within …

Do Change of Control Transactions Constitute an Assignment by Operation of Law?

By: Laura Walda & Samantha Duran Commercial landlords often rely on anti-assignment provisions to restrict the ability of tenants to assign their interest in a lease to a third party. Such provisions will often explicitly restrict assignments by “operation of law,” which are generally …