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...

Reforeclosure – the good, the bad and the ugly

Reforeclosure can be an effective tool for eliminating omitted subordinate liens. But it has a catch! CONTINUE READING...

Following a commercial eviction the landlord can accelerate rent

Typically, eviction of a commercial tenant does not terminate a lease under Florida law, or preclude the landlord from exercising its option to accelerate rent payments under the terms of the lease in the absence of any relevant modifying provisions in the lease agreement or evidence of landlord’s retaking possession for its own use. CONTINUE READING...

Distribution is improper when there are pending claims that have not been adjudicated

Even when a party prevails on its claims in an action seeking judicial partition of property, it may not be immediately entitled to a distribution when there is a pending counterclaim that has yet to be adjudicated. 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...

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