Author Archives: Matthew R. Chait

Don’t lock out your tenant, even if the lease says so

A Florida landlord recently learned that “self-help” is not allowed for evicting a tenant, even if the parties’ lease says it is. CONTINUE READING...

5 things to consider when deciding whether to include an arbitration clause in a real estate contract

Many types of contracts require the parties to submit their disputes to arbitration. For example, arbitration clauses are common in consumer agreements, such as car leases and gym memberships. While a consumer can negotiate certain terms, like price, most of the provisions are not negotiable. While the consumer may be stuck arbitrating, commercial parties often negotiate every last term of their agreements. This includes whether to require the parties to arbitrate their disputes or take them to court. There are advantages to each, so here are five things to consider when deciding whether to include an arbitration clause in a real estate contract, such as a purchase and sale agreement or lease. CONTINUE READING...

Top 10 provisions your litigator wants in your commercial lease

It’s bad enough having to call your real estate litigator. But it’s worse when he or she tells you that your lease is missing some critical provision that would help you in your current dispute. Here are ten things your litigator wants to see in your commercial lease. CONTINUE READING...

What happens when a tenant’s business becomes illegal during the lease term?

When the tenant’s business is made illegal during the term of the lease, the tenant’s business is likely to disappear altogether, leading to a likely default. What that means for the landlord and tenant may come down to drafting. CONTINUE READING...

Does filing a lawsuit challenging property taxes get you out of paying them while the suit is pending?

Taxpayers must remember that filing a lawsuit to challenge your county property appraiser’s valuation of your property, or denial of an exemption from ad valorem taxes, does not get you out of paying while the suit is pending. What happens, though, when the lawsuit covers one tax year but goes on for more than one? CONTINUE READING...