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Articles Posted in Landlord Tenant

img_2262By:  Alejandro E. Jordan, Esq.

As mentioned in our previous post, the number of COVID-19 coronavirus (“Coronavirus”) cases continues to increase, and with the World Health Organization raising its threat assessment of Coronavirus to its highest level, businesses in Miami-Dade and Broward Counties are becoming increasingly aware of the many challenges that are ahead.

At Jordan + Lawyers, we have established a Legal/Real Estate Task Force focused on Coronavirus-related issues. Our aim is to provide guidance and plan for solutions to clients’ business and legal needs.  Below, we address some of the important issues business owners and individuals should consider:

Real Estate Transactions

General:

  • Consider whether a transaction will be delayed or impacted due to the Coronavirus (for example, travel restriction-related delays, delays in conducting due diligence, a delay in signing a lease or guaranty because the parent company of a tenant is based in an impacted area, delayed inspection of construction progress, unscheduled holidays delaying deadlines, supply chain issues — see below — etc.).
  • Consider options to mitigate the impact on construction projects of the supply chain effects and consider rights and remedies under construction contracts.
  • In order to mitigate any slowdowns in transactions, property owners and brokers should consider new technologies allowing for virtual tours of assets to be used in place of physical asset tours and inspections.
  • Prepare for a spike in litigation due to construction delays, missed deadlines on purchase and sale agreements, leases and contracts generally.
  • Prepare for potential default claims.

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img_2262By:  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 includes lease rent collected from retail spaces, offices, warehouses, and self-storage units or warehouse office combinations.

The reduction only applies to the state level tax – the local county option taxes are still in full effect.

img_2262By:  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 square foot of office space for Class A office space continues to skyrocket in areas like Coral Gables and Downtown Miami, Florida, overhead costs for fixed operating expenses such as office lease and rent expenses become extremely challenging to budget for many solo practitioners, small and mid-sized law firms and legal professionals.

Shared office space may be the solution to give you more free time and the opportunity to network with attorneys from a variety of fields.

https://www.floridarealestatelawyersblog.com/files/2018/11/esq.suites-LOGO-300x114.jpgAttorneys only 

Going with a solo or small practice doesn’t mean you have to go it alone.   Office sharing means attorneys like you will be just across the hall for consultation on a case or a discussion of the impact of a new law.  These associations could lead to referrals from esq.suitemates that recognize your expertise in a particular field.

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img_2262By:  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 clients. With flexible law office space in Downtown Miami and Coral Gables, Florida, you have choices.  Esq.suites offers a professional environment exclusive to legal professionals who need an efficient space in which to work.

For small to mid firm attorneys, solo practitioners or attorneys who are from out-of-town, esq.suites is ready to help.  They offer short-term or long-term rentals for lease to attorneys who already have a home office but need a space in the area to conduct business, or solo practitioners and small firms that need a new place to call their headquarters.  The team at esq.suites understands how important legal work is, and are ready to support your business in a professional, headache-free environment.

In ahttps://www.floridarealestatelawyersblog.com/files/2018/11/esq.suites-LOGO-300x114.jpg professional where one mistake can ruin your career, shared office space for legal professionals is the answer.  Instead of trying to get your work done on the fly, spending time in your car or local coffee shops, esq.suites offers a community to attorneys with flexible rental Continue Reading

img_2262By:  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 office leases.

At initial glance, a 20, 30 and sometimes 40 page commercial office lease agreement may seem daunting.  However, with a properly drafted checklist, a savvy negotiator can swiftly navigate this legal document by making sure that all of the key provisions of the lease have been accounted for (or at least, that you know what you are getting yourself into before you are bound by its terms).  A wise person once said, “Organization is the key to success.”

A good summary or checklist can be a useful tool for tenants to:

  • Keep track of on-going lease negotiations.
  • Quickly reference the key provisions in your lease.
  • Summarize the final key terms of your final executed lease.

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Daniel PascaleBy: Daniel T. Pascale, Esq.

Offices located in Delray Beach and Coral Gables, FL

In determining the reasonableness in time of a postterm restrictive covenant (a.k.a. a non compete agreement) not predicated upon the protection of trade secrets, a court must apply the following rebuttable presumptions:

In the case of a restrictive covenant sought to be enforced against a former employee, agent, or independent contractor, and not associated with the sale of all or a part of: (1) the assets of a business or professional practice; (2) the shares of a corporation; (3) a partnership interest; (4) a limited liability company membership; or (5) an equity interest, of any other type, in a business or professional practice, a court must presume reasonable in time any restraint six months or less in duration and must presume unreasonable in time any restraint more than two years in duration

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Daniel PascaleBy: Daniel T. Pascale, Esq.

Offices located in Delray Beach and Coral Gables, FL

Consider a scenario where you have been leasing a residential property in Miami on a month-to-month basis for a little over a year but would like the eventual opportunity to purchase the property.  Over the course of several lengthy conversations between you (the tenant) and the property owner (the landlord), the landlord ultimately agrees to give you the exclusive option to purchase the property once you resolve some old credit issues associated with a prior foreclosure.  After your landlord gives you at least two verbal assurances in one week alone that you have an option to purchase the property and you shake hands on the agreement, you believe that the “deal is done.”  However, after searching on Zillow one week later, you discover that your landlord has listed your property for sale with a broker.  You immediately contact the listing broker and are told that the property is now under contract for sale to someone else and that you have one month to leave.

What are your legal rights in this situation?  Can you sue your landlord to enforce the verbal option agreement that you accepted? Do you really only have one month left before you have to leave when you have lived at the property for over a year? Sadly, the answer to all of these questions is that you have no right to purchase the property or legal recourse against your landlord.  To make matters worse, it’s also true that you have no legal right to stay in the property for anything longer than the thirty days that the landlord provided.  Here is why, and here is how to prevent this tragic situation from playing out in the first place:

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Dan PascaleBy: Daniel T. Pascale, Esq.

A commercial landlord recently questioned what her rights were with respect to property that a former tenant had left behind in a commercial rental unit.   She wanted to know what to do with the abandoned property and whether she could let other people take it out of the unit or whether the abandoned property could be simply thrown away.

According to Florida Statute Section 715.104 before taking any action a landlord must provide written notice to the former tenant and any other parties that the landlord suspects may own the property that was left behind.

The written notice needs to identify the property with specificity and advise the former tenant that they must pick up the property within 10 days (if the notice is personally delivered) or within 15 days (if the notice is sent by mail) or the property will be sold or thrown-out.

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