Michael L. Feinstein, P.A.

Real Estate Archives

Evictions and Accelerated Rent: What Commercial Landlords and Tenants Need to Know

In a typical commercial lease, the landlord will reserve the right to accelerate the tenant's lease obligations in the event of a material default and eviction. This means that, upon issuing a declaration of material default or issuing an eviction notice, the landlord can also seek immediate payment of all future amounts owed under the rental provisions of the lease. However, there are certain exceptions, and the exercise of a landlord's right to accelerate rent is often fertile grounds for litigation - particularly where the alleged default is in dispute or the tenant has defaulted on its rent obligations due to an inability to pay.

Common Issues in Condominium Litigation

For condominium developers and associations, litigation is almost an inevitability. From construction defect litigation and contract disputes to foreclosure actions against homeowners, developers and associations face litigation risks in virtually all aspects of their operations. Here are some of the most common issues and causes of action in condominium litigation:

Understanding the Key Terms in a Commercial Lease - Part 2

This article is the second in our series covering the key terms of commercial leases. In Part 1, we covered use of the premises, exclusivity, initial term and renewal, and assignment and subleasing. Here, we will focus on four important clauses relating to the initial build-out and liability arising out of the tenant's use of the premises.

Understanding the Key Terms in a Commercial Lease

Commercial leases are complex legal documents that are often initially drafted with the landlord's best interests in mind. As a prospective tenant, it is critical to protect yourself by not only ensuring that you understand what your lease says, but also negotiating where necessary to avoid getting locked into an unfavorable long-term deal.

Major Milestones Leading to Commercial Real Estate Closing

Whether you're a real estate investor or you're purchasing a facility for your company's new headquarters or next location, it is important to have at least a basic understanding of the steps involved in getting from concept to closing. By familiarizing yourself with the process, not only can you help yourself make more-informed decisions along the way, but you may also be able to more-efficiently and more-effectively prepare for day one once the keys are in your hand.

Appeals Court Rules on HOA's Petition Concerning Airboats

Homeowners have an unfettered right to the quiet enjoyment of their property. Legally speaking, this means that all property owners have a right to be free from nuisance, noxious odors, wafting dust and unrelenting noise. However, for homeowners and HOA's actually facing non-stop violations of this basic principle, the options can seem limited - particularly if the nuisance is coming from a nearby recreational area or business.

Basics of Condominium Association Documents and Why Your Property Needs Them

Whether you are a developer, land owner or just a concerned community resident, executing community association governing documents is an essential step any planned community should consider at the outset. Not only are governing documents necessary to ensure perpetual compliance with the community's style and uniformity, but these documents create legally-binding covenants between homeowners and the community association - making the provisions enforceable in a court of law and protecting the community as a whole.

Miami-Dade Inspector General Decides It's Time to Overhaul the Tax Appeals System

While not the most glamorous area of the law, property tax assessments and appeals remain a contentious subject for many South Floridians. More specifically, property owners are generally subject to an annual assessment of the value of their realty - which may vary greatly from year to year depending on both market fluctuations and the whims of the property appraiser. Fortunately, each county maintains an appeals process through which owners may seek a review of the county's appraisal and a possible reduction of the county tax assessment.

5 Things to Know as a Commercial Landlord

Acquiring commercial real estate can be an exceptionally sound, low-risk investment - that is, until the first unruly tenant causes extensive damage or fails to pay the rent on time. As a commercial landlord, there are several nuances to negotiating and managing commercial rental agreements - and working with experienced real estate attorneys is a vital part of the process.

5 Red Flags to Look For in the Foreclosure Process

Over the past several months, a number of foreclosure mitigation scams have resulted in a significant setback on the dockets of several South Florida banks seeking to reclaim encumbered residential and commercial properties. Moreover, failure to follow proper legal protocol has afforded many borrowers the opportunity to restart efforts to reclaim control of their property - a maneuver many only dreamed of upon receiving that first foreclosure notice.


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