Commercial Lease – Options for Commercial Landlord with Defaulting Tenant

If you are entering into or negotiating a commercial lease, the terms of the lease matter. For example, as a commercial landlord, if you want to accelerate rent of a defaulting tenant, you need to have an acceleration provision in the commercial lease. When you accelerate rent of a defaulting tenant, you are demanding the tenant pay the lease payments for the unexpired and unaccrued portion of the lease, i.e., the remainder of the lease term. This was the issue in a recent commercial landlord and commercial tenant dispute – Hourglass Entertainment, LLC v. NRG Investments, Inc., 50 Fla.L.Weekly D1538a (Fla....

24 February

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Reversing Motion to Dismiss with Prejudice Based on Interpretation of Commercial Lease

Posted by David Adelstein

in Standard of Review, Trial Perspectives

“’In determining the merits of a motion to dismiss, the trial court must limit itself to the four corners of the complaint, including any attached or incorporated exhibits, assuming the allegations in the complaint to be true and construing all reasonable inferences therefrom in favor of the non-moving party.”Zurich Am. Ins. Co. v. Puccini, LLC, 2019 WL 454222, *1 (Fla. 3d DCA 2019) (citation omitted). The standard of review associated with reviewing a trial court’s order granting a motion to dismiss with prejudice is de novo. Id. In Puccini, a commercial tenant operating a restaurant caused a fire. The fire...

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Commercial Lease – Options for Commercial Landlord with Defaulting Tenant

Reversing Motion to Dismiss with Prejudice Based on Interpretation of Commercial Lease