Category Archives: Real Estate Contract Disputes
Does a Florida Landlord Have to Explicitly Notify a Tenant of a Breach?
Residential and commercial leases typically contain detailed language specifying what will happen in the event of a default or breach by either the tenant or the landlord. It is crucial for both sides to understand and follow any notice requirements of such language precisely. Do not assume that the other party “knows what you… Read More »
Residential vs. Non-Residential Leases: How Florida Law Differs With Respect to Security Deposits
Security deposits are a common feature of many Florida real estate lease agreements. The primary function of a security deposit is to ensure the tenant abides by the terms of their lease. The landlord may subsequently deduct certain amounts from the security deposit to cover various breaches of the lease, such as unpaid rent… Read More »
Can You Seek “Windfall” Damages in a Florida Breach of Contract Lawsuit?
Commercial lease agreements often require a tenant to restore the leased property to its original condition at the end of the lease term. If a tenant fails to do so, the landlord may be able to recover the costs of performing the restoration itself through a breach of contract claim. That said, Florida courts… Read More »
Does a Right of First Refusal in Florida Require Separate Consideration?
Some Florida real estate contracts include “right of first refusal” (ROFR) clauses. This is where the owner of a property grants an option to another person, allowing them to either make the first offer when the property is sold, or alternatively to match any offer received from a third party. For example, a lease… Read More »
Does a Florida Landlord Have to Specify Non-Rent Damages in an Eviction Lawsuit?
Non-payment of rent is perhaps the most common cause of eviction lawsuits in Florida. Through the eviction process, the landlord can seek any back rent owed as well as other expenses that the tenant may have been responsible for under the lease. That said, the landlord still needs to follow correct legal procedures to… Read More »
