Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Non-Monetary Defaults in Commercial Leases: A Difficult Eviction
"I want them out!" When a tenant stops paying rent, landlords usually have this reaction. But what about those tenants faithfully paying rent while breaching other provisions of the lease? Landlords often believe adherence to these non-monetary provisions are just as important as collecting rent because these provisions allow landlords to ensure that their property is properly maintained.
Landlords may want to evict a tenant for a non-monetary default. Unfortunately, this may prove difficult. Judges quickly evict tenants that fail to pay rent, but, when asked to evict a tenant for a non-monetary default, judges may refuse. This is understandable. Florida statutes are clear on relief for monetary defaults, leaving courts with little analysis to perform; however, there is not much guidance on relief for non-monetary defaults. Instead, courts are required to act in equity, which by its nature is imprecise. This article examines the eviction of a commercial tenant for non-monetary defaults. Because landlord/tenant law is highly state specific, this article focuses on non-monetary defaults in Florida.
In Florida, landlord/tenant law is governed by statute. Part I of Florida Statutes Chapter 83 governs nonresidential tenancies (§§83.001 – 83.251). This chapter contains only one subsection that explicitly addresses non-monetary defaults. Florida Statute §83.20(3) requires the landlord to give its tenant written notice when the tenant has materially breached the lease in some non-monetary way. Florida Statute § 83.20(3) states that a tenant may be removed from the premises:
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bonus Content: How Emerging Technologies Are Impacting IP: A Chat With Legalweek Speaker Ryan Phelan
A Q&A with conference speaker Ryan Phelan, a partner at Marshall, Gerstein & Borun and founder and moderator of legal blog PatentNext, to discuss how courts and jurisdictions are handling novel technologies, the copyrightability of AI-assisted art, and more.
Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
Is Google Search Dead? How AI Is Reshaping Search and SEO
This two-part article dives into the massive shifts AI is bringing to Google Search and SEO and why traditional searches are no longer part of the solution for marketers. It’s not theoretical, it’s happening, and firms that adapt will come out ahead.
While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum
For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.
Revolutionizing Workplace Design: A Perspective from Gray Reed
In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.