If you have a problem tenant and want to know how you can go about evicting them in a legal manner, reach out to the experienced Fort Lauderdale commercial real estate lawyers at the office of Edward J. Jennings, P.A. Our attorneys can assess the facts of your case and advise you on how to best accomplish your objectives without violating any laws.

First and Foremost, Check Your Lease 

A lease between a landlord and tenant is a binding contract, so long as it does not violate any of Florida’s lease laws. That said, if a tenant agrees to a provision, he or she is required to abide by it, even if later on he or she decides that it is “unfair” or “inconvenient.” That said, commercial leases are also subject to a host of unique conditions and provisions not typically found in residential leases. For this reason, commercial evictions are much more complex. If you want to ensure a successful and smooth eviction, review your contract for any direct violations and start there.

Major Violations That May Result in Eviction 

Most commercial lease breaches are the result of failure to pay rent. Unfortunately, the eviction process in these instances is similar to a residential eviction process: you must first provide the tenant with a 10-day written notice demanding them to make the rent payment or vacate the property. If the tenant does neither, and if the 10 days has passed, you must file a complaint with the court, which will initiate the eviction process. The court will do more or less the same: demand payment or require that the tenant vacate the property. In some instances, the court will demand damages for the landlord’s troubles as well.

The Right to Double Rent 

While recovering one’s property would be ideal, Florida law states that a landlord may not recover possession of a property in default unless he or she has established that the property is abandoned and that it has been abandoned for 30 days. If you cannot affirmatively establish such a fact, you may be able to demand double rent. You are legally entitled to double rent with each passing month and until the tenant has vacated the property.

For Breaches Other Than Non-Payment of Rent 

Sometimes, a landlord may choose to evict a tenant for a reason other than non-payment of rent. For commercial properties, this is typically because of improper use of the premises. If you want to evict your tenant for using your property in a way that goes against the contract, you must specify the exact provision that the tenant is violating. This can be difficult to do, especially if the violation is not a direct one.

Self-Help Almost Always Results in More Problems 

If you rent commercial or residential property in Florida, the best thing you can do for you and your business is to keep a Fort Lauderdale commercial real estate attorney on retainer. Most landlords end up causing more headaches for themselves by attempting to remedy situations on their own. You can avoid costly mistakes by working with a skilled attorney at every aspect of the renting stage, including the contract-drafting stage. Help your business run smoothly and contact the office of Edward J. Jennings, P.A., to schedule an appointment with a knowledgeable lawyer today.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html

Any experienced investor knows to account for contingencies in any real estate contract. Unfortunately, for many newbies, such contingencies are not thought of until after the fact, in which case a bad deal serves as a healthy reminder of the importance of due diligence. That said, no matter which boat you may fall into—the novice or the newbie ship—all hope is not lost. If, after you have submitted an offer, you realize that you are involved in one transaction that you do not want to be a part of, reach out to a Fort Lauderdale real estate attorney regarding your options. You may have more than you think.

Option #1: Mortgage Approval

Many real estate contracts include contingencies which specify a date by which financing and mortgage terms must be met. If an investor fails to secure a mortgage by the specified date, he or she may back out of the deal and receive the full deposit back. Though this is a fairly simple strategy, as all you have to do is fail to follow through with the mortgage process, you want to be careful when using it, as your contract may not specify a deadline, in which case, this option would not work for you.

Option #2: Appraisal 

Before a person can buy a piece of real estate, he or she must obtain an appraisal from a licensed appraiser. The bank will use the appraisal to determine whether or not the value of the home is comparable to the amount of the proposed mortgage loan. If the appraisal comes back low, the mortgage lender may not agree to the loan, in which case, the buyer may have a chance to exit the deal without a problem.

Option #3: Unsuccessful Home Inspection 

Another common contingency in real estate contracts deals with the home inspection. Though the details of such a clause vary from contract to contract, most clauses give buyers the right to order an inspection of the home or building before closing the deal. Buyers can either move forward with the transaction after reviewing the report or cancel it based on the results.

However, it is important to note that the buyer must give the seller a chance to make any suggested repairs, if there are any. If the seller does not make the fixes, or if he or she fails to do so within a specified time period, the buyer can back out.

Option #4: Talk to the Seller 

Sometimes, the best way to back out of a bad deal is the old-fashioned way: talk to the seller. Sellers are people too, and if you sit down with them, explain your situation, and request permission to exit, they just might agree. Depending on your reasons for backing out, the seller may even try to renegotiate the deal. However, you never know unless you ask.

Option #5: Rescission   

In some instances, a contract is simply not valid. In this case, a judge may decide to “rescind” the contract, which means that the contract is considered under the law to have “no force and effect from the beginning.” In this case, a contract can be cancelled without further ado. Borck v. Holewinski, 459 So.2d 405, 405 (Fla. 4th DCA 1984).

Discuss Your Options With a Knowledgeable Real Estate Lawyer 

Exiting a real estate deal without repercussions is not easy, but it is possible. If you are actively involved in a transaction in which you no longer want to be a part of, reach out to the Fort Lauderdale real estate lawyers at the office of Edward J. Jennings, P.A. to learn more about your options. A skilled lawyer can review your contract, look for any contingencies, and advise you on the best way to exit the deal without suffering a loss. Call now to schedule your private consultation.

Resource:

scholar.google.com/scholar_case?case=15053687509148725231&q=Rescission+defined&hl=en&as_sdt=4,10

Gross Lease 

The gross lease is the most tenant friendly option as it makes things a lot less complicated for the tenant. When a tenant and landlord sign a gross lease, the tenant pays one lump sum to the landlord, who then deducts payments for expenses like property taxes, insurance, utilities, and other payments associated with the property. If you opt to use a gross lease, it is important that you include exceptions for occupants that use excessive power or create another type of financial burden, as if you do not, you could end up paying a majority of your rent toward a monthly bill. 

Net Lease 

There are several different types of net leases, the most common of which are a single net lease (N lease), a double net lease (NN lease), and a triple net lease (NNN). Each type of net lease requires that the tenant pay a base rent for the space, and then additional costs, which the landlord can decide on. Some additional costs include insurance, property taxes, the cost of maintenance, property management fees, the cost of lobby personnel, janitorial services, trash, water, sewage, parking lots, or any other shared service. What fees that landlord has the tenant pay depends on how many other tenants share the same building.

Single Net Lease 

This type of net lease is most similar to a gross lease, except the tenant will be asked to pay a portion of the property taxes and possibly for a portion of janitorial services and whatever utilities he or she uses.

Double Net Lease 

With this type of lease, the tenant will again pay a portion of property taxes, janitorial services, and utilities, but he or she will also be required to pay a portion of the insurance. The landlord continues to be responsible for other expenses, including property maintenance and repairs.

Triple Net Lease 

The triple net lease is the most favorable for landlords as it requires the tenant to pay for all or most of the expenses in addition to a monthly rent. With this type of lease, the tenant is even responsible for paying for janitorial services, property maintenance, and other costs of occupancy. This type of lease is helpful for the landlord as it guarantees a set income every month and it negates the possibility for having to pay higher in utilities one month versus the other, or for having to account for an increase in service prices. When operating under an NNN lease, you should expect for your tenant to want to negotiate for caps on how much you can raise rent annually and other stipulations to make it a bit easier for them to forecast their expenses.

There are a couple of other types of leases, including the absolute triple net lease, which is more stringent than the NNN lease, or the modified gross lease, which offers a compromise for both parties. These types of leases are more custom than the four other types and as such, require a carefully worded and negotiated contract.

Bear in mind too that, as a landlord, you will be charged sales tax on your rental property, in accordance with F.S. §212.031. This is another type of fee that you should consider including in your overall rent charges or in your lease agreement.

Discuss Your Lease Options With a Fort Lauderdale Real Estate Attorney 

If you are in the business of renting out your commercial property, you should think carefully about the type of lease you choose to use and why you want to use it. Some options may be more suited to your needs than others, and some require more stringent contracts than others. To be sure that you are using the best contract for your business, and to ensure that the contract is fair, sound, and most of all enforceable, work with a knowledgeable Fort Lauderdale real estate lawyer. The right lawyer can help you draft a lease that is beneficial to both you and the tenant and that leaves absolutely zero room for interpretation.

Schedule your initial consultation with an experienced attorney today, and call the law offices of Edward J. Jennings, P.A., now.

Resource:

floridabar.org/news/tfb-journal/?durl=%2Fdivcom%2Fjn%2Fjnjournal01.nsf%2FSubjects%2F5FE68B606203B9128525767E006EFB04

A lis pendens is a notice of a lawsuit that has been filed which concerns either the title to or interest in real property. Though the lis pendens is not the actual lawsuit, and though it cannot be used to prevent a property owner from selling or profiting off of a piece of real estate, it can effectively deter potential buyers and lenders, which is precisely why creditors use it. Once a lis pendens is placed on a debtor’s property, the debtor feels pressured to pay off his or her debt so that he or she can move forward with the sale or refinancing of the property.

Fortunately, lis pendens are not always appropriate, and the wrongful filing of a notice may have the reverse affect: the creditor may end up have to repay the debtor for damages wrongfully caused. If you have had a lis pendens placed on your property and you believe that it is not an appropriate tool in your situation, our Fort Lauderdale real estate attorneys at the office of Edward J. Jennings, P.A., may be able to help you remove the notice and collect compensation for damages caused by the wrongful action.

When a Lis Pendens is and is Not Appropriate 

This type of notice may only be used when there is a connection between the real property and the original dispute between the creditor and debtor. For instance, if a debtor has thousands of dollars in outstanding credit card debt, the creditor may not use such a tool to coerce them to pay, as there is no connection between the unsecured debt and the notice. On the other hand, if a bank files a foreclosure notice on a home for mortgage payments that are past due, the bank, which is the creditor, may file a lis pendens, as there is a connection between the lawsuit (the foreclosure) and the notice. In this latter instance, such a tool would be appropriate.

What to do When a Lis Pendens Has Been Inappropriately Filed on Your Property 

When you suspect that a creditor has inappropriately used this debt collection tool, you may file a civil suit against the creditor for any damages it has caused. In addition to the losses you accrued, the collector may also be forced to pay any attorney fees related to the notice. Additionally, the notice may be removed immediately so as to prevent further damages.

Of course, there are other ways that a creditor may inappropriately use a lis pendens and be liable for monetary losses. Florida Statutes Section 48.23(1)(a) outlines the requirements for filing a notice, one of which is that the notice can only be filed in nexus with an “action founded on a duly recorded instrument or on a lien claimed under part I of chapter 713.” 

The best thing you can do if a lis pendens or any other restrictive legal tool is filed against you is to reach out to an experienced Fort Lauderdale real estate attorney. At the office of Edward J. Jennings, P.A., our attorneys can not only help you determine whether or not a lis pendens is appropriate and have it removed if not, but we can also help you recover compensation for losses caused by the motion. To learn more about your legal options, call our office today or schedule a consultation online.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0713/part01.htm&StatuteYear=2000&Title=-%3E2000-%3EChapter+713-%3EPart+I

At the office of Edward J. Jennings, P.A., our attorneys thoroughly understand the foreclosure process, and we know what constitutes a legal foreclosure and what constitutes a wrongful foreclosure. If you feel that your home or property was foreclosed on suddenly, or that the process was not complete, or that something was “off,” reach out to our lawyers today. We can evaluate the circumstances surrounding your foreclosure and determine whether or not there was something fishy about it.

Circumstances of a Wrongful Foreclosure 

The foreclosure process is pretty strict, and while it can be difficult for things to be done unconventionally, there have been instances when the creditor, lender, or even the courts have messed up. That said, wrongful foreclosure can happen when the following occur:

• Signatures Were Forged: In most states, lenders are required to submit a foreclosure petition with the courts and to receive approval from a judge at each phase before moving on to the next. This is to make sure that the defendant actually sees and signs the foreclosure documents, as lenders have been known to sign “on behalf of” the homeowners, which is illegal and can result in a wrongful foreclosure.
• Robo-Signing: Robo-signing is basically like forgery except that it is done unintentionally. Lenders are often overwhelmed with paperwork, and they have several documents they need to sign. To speed through the process, many employees will just thoughtlessly sign off on documents without actually reviewing their contents. This is called “robo-signing,” and though it may be unintentional, it can still amount to a wrongful foreclosure and criminal sanctions.
• Failure to Abide by the Servicemembers Civil Relief Act: If a lender does not follow the procedures set out in the federal Servicemembers Civil Relief Act, the foreclosure could be considered wrongful. The act requires lenders to go through the courts even in states that do not typically require them to do so. Furthermore, the SCRA stipulates that active duty military members must be given a nine-month window to try and bring their mortgage payments up to current. If they are not given that additional nine months, the foreclosure could be considered invalid.
• Failure to Abide by State Procedures: Every state has its own processes and procedures that lenders must adhere to when foreclosing on a property.

What to Do When You Are the Victim of a Wrongful Foreclosure 

The foreclosure process is meant to be fair for both the lender and the borrower, but when the lender commits fraud or does not abide by the rules, it becomes a losing game for the homeowner. If you suspect that you were not given fair treatment in your foreclosure, and if you want a shot at a second chance, reach out to the Fort Lauderdale real estate attorneys at the office of Edward J. Jennings, P.A. Call us or request an appointment online now.

Resource:

scra.dmdc.osd.mil/scra/#/home