Author Archives: Matthew S. Sackel

Landlords beware: Your trademark infringing tenant is your problem too

If a landlord learns that trademark infringement is occurring on its premises by one of its tenants and fails to stop further violations, the landlord may be held responsible by the trademark holder for damages relating to the infringement of a trademark. CONTINUE READING...

New court decision affects Florida foreclosures

The Fourth DCA recently ruled that liens recorded after a lis pendens, but prior to a foreclosure sale, are discharged. CONTINUE READING...

If I get a judgment against my commercial tenant, will I be able to collect?

Before pursuing a tenant for damages, a landlord must decide whether there is value in pursuing a defaulting tenant for money damages. So how does a landlord decide? Read 10 things a landlord should consider in this post. CONTINUE READING...

How to prevent a tenant from removing valuable equipment before they flee

Before a landlord files suit for eviction, it should first consider whether there is any equipment on the premises that could help attract a new tenant. A landlord may prevent a tenant from taking equipment from the premises by filing a distress writ. CONTINUE READING...

Can I Get a Money Judgment If I Can’t Locate the Defendant or If He Resides Out of State?

Once you have filed your complaint seeking damages for breach of a lease or guaranty, you are required to serve the party from which you are seeking relief. But what happens when you are having difficulty serving the breaching party because they are either intentionally avoiding service or they have moved out of state? CONTINUE READING...