Category Archives: Landlord-Tenant

Property Owners Gaining New Tools To Fight ADA Lawsuits

Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act. CONTINUE READING...

Is a lease always just a lease?

After the owner of a Florida shopping center found itself getting billed for property taxes on land it does not own, an appellate court had to figure out whether a lease is just a lease. CONTINUE READING...

Your property was hit with an ADA lawsuit – now what?

What do you do when you’re sued for having a property alleged to be out of compliance with the Americans with Disabilities Act? CONTINUE READING...

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...