Author Archives: Matthew R. Chait

My marina has to pay property taxes but yours doesn’t?

Does a marina serve a public purpose? Does it matter if the marina is owned by a city or a private business owner? CONTINUE READING...

Why many manager removal provisions are doomed to fail

Even well-drafted partnership and operating agreements often relegate one key topic to boilerplate language: how to remove a manager of the business when the partners disagree on how it is being run. CONTINUE READING...

The sky is falling…does the tenant still have to pay rent?

It’s a common commercial landlord-tenant showdown – a tenant accuses its landlord of failing to make repairs and threatens to withhold rent. But can a tenant legally do that? CONTINUE READING...

Fourth DCA opines on when a tenant can claim constructive eviction and a landlord’s damages after a tenant vacates

In the 2015 case of Griffin Industries, LLC v. Dixie Southland Corp., the Fourth District Court of Appeal addressed two issues that frequently arise in landlord-tenant litigation: (i) on what basis a tenant may claim constructive eviction; and (ii) a landlord’s damages after a tenant vacates the premises. CONTINUE READING...

First DCA holds that 60 day deadline to challenge tax assessments does not apply to challenges to tax liens

In Genesis Ministries, Inc. v. Brown, Case No. 1D15-1310 (Fla. 1st DCA February 16, 2016), the First District Court of Appeal held that a challenge to a property tax lien does not need to be filed within 60 days of the certification of the tax roll. CONTINUE READING...