By: Alejandro E. Jordan, Esq. This Article discusses the issues a landlord confronts when its commercial tenant files for bankruptcy protection. It also considers pre- and post-bankruptcy options available to a landlord to mitigate the impact of a tenant’s bankruptcy filing. Section 365 of the Bankruptcy Code allows commercial tenants,…
By: Alejandro E. Jordan, Esq. Q. IF A TENANT BREACHES THE LEASE: Are there any implied remedies available to the landlord, such as the acceleration of rent? Is there a limitation on the landlord’s ability to exercise self-help? Is there a common form of an eviction proceeding and, if so,…
By: Alejandro E. Jordan, Esq. Q. ARE THERE ANY LEGAL RESTRICTIONS ON: How much rent the landlord may charge? Whether certain operating expenses (or other additional rent) may be passed through to the tenant? Maximum Rent Under Florida law, there are no restrictions on the rent a landlord may charge…
By: Alejandro E. Jordan, Esq. Q. DESCRIBE ANY LAWS ALLOWING THE TENANT TO ASSIGN ITS LEASE, OR SUBLEASE ITS PREMISES, WITHOUT THE LANDLORD’S CONSENT. IS A REASONABLENESS STANDARD IMPLIED WHEN THE LEASE IS SILENT ON WHETHER THE LANDLORD’S CONSENT TO AN ASSIGNMENT OR SUBLEASE MAY BE REASONABLY OR UNREASONABLY WITHHELD?…
By: Alejandro E. Jordan, Esq. The current COVID-19 Coronavirus crisis is having a critical impact on the Mortgage Industry, which could potentially make the 2008 financial crisis pale in comparison. This short read will break down for you, in an easy to read format, exactly what the Mortgage Industry is…
By: Alejandro E. Jordan, Esq. Effective January 1, 2020, the Florida state tax imposed rate per Florida Statutes section 212.031 on the total rent charged for renting, leasing, letting, or granting a license to use real estate property in the State of Florida is decreased from 5.7% to 5.5%. This…
By: Alejandro E. Jordan, Esq. You aced torts and contracts, but no one in law school explained the business of running a law firm. So, here you are in a solo or small firm trying to manage important cases while hiring a receptionist or selecting office furniture. As the price per…
By: Alejandro E. Jordan, Esq. When you work as an attorney, client confidentiality and service is vital to your success. If you don’t have a professional office, or you need additional conference space than what you have, it’s time to consider creative ways to enhance your ability to serve your…
By: Alejandro E. Jordan, Esq. This Article provides you with tips to create a concise and effective negotiation checklist and the key points you should consider when negotiating a lease in a multi-tenant office building. This Article also highlights key provisions you should pay close attention to often found in…
By: Alejandro E. Jordan, Esq. According to reporting by Morningstar Credit Ratings LLC, commercial real estate mortgage borrowers with maturing loans paid them off at a slower rate as of May 2017. Peter Grant of the Wall Street Journal suggests this slower payoff rate, and the ensuing swell in delinquent/unpaid…