Posted on March 20, 2025 in Real Estate

Whether you are renting out your home or running a business renting out multiple properties, there may come a time when you may have to evict your tenant. To evict a tenant in Florida you must follow specific procedures.

For this reason, if you find yourself in this situation, it will be helpful to be aware of some of the common mistakes that Florida landlords make during the eviction process, as these mistakes can cost you legally and financially. An experienced Oakland Park, FL landlord representation real estate attorney can advise you on the Florida eviction process and what to avoid to safeguard your property. 

When Can You Evict a Tenant in Florida?

Florida landlords may terminate a lease early and evict a tenant for reasons which include:

• Nonpayment of rent

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 Posted on March 13, 2025 in Litigation

When competitors or clients behave deceptively, it can threaten a business’s bottom line and reputation. If your Florida business has been the victim of fraud, you have a right to turn to the legal system for protection and redress.

One common type of civil (rather than criminal) fraud is fraudulent inducement, and it happens when a business or individual makes false or misleading statements inducing another into entering into a contract. You can make a claim for fraud in the inducement in a court of law. An experienced Broward County, FL business law attorney can represent you in a commercial lawsuit for fraudulent inducement.

What Does Fraudulent Inducement Look Like In Practice?

To understand whether your company may have a claim for fraudulent inducement, it can be helpful to look at examples of what this type of fraud looks like in practice. When a company inflates its financial statements to obtain your investment, or conceals the condition of a commercial property to get you to enter into a commercial rental agreement, that could constitute fraudulent inducement.

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 Posted on March 08, 2025 in Real Estate

If you have recently purchased a home or undertaken renovations, it is very frustrating and upsetting to discover a construction defect. It could also be expensive. If you have to pay for additional construction to repair the issue, that could quickly add up.

Developers and private owners in Florida who find construction defects could also face significant financial and business costs. Additionally, construction defects can lower the value of your property. In Florida, the law that specifically governs construction defects is Florida Statute Chapter 558. An experienced Fort Lauderdale, FL real estate attorney can advise you on your legal options and on the law applicable to your claim after you discover a construction defect.

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 Posted on February 25, 2025 in Business Law

Acquiring another business can be a great way to expand your own venture. Buying an existing business can also be a way to get started with business ownership, using a company that is already on its feet. Whether you have a target company in mind or are researching appropriate companies for acquisition, knowing what to look for and some of the considerations when acquiring a business is key to a successful acquisition. 

The experienced Broward County, FL mergers and acquisitions attorney with The Elliot Legal Group, P.A. can represent you throughout the complex business purchase process. 

Find the Right Business 

The process of finding the right business begins by figuring out the type of business you want to buy, taking into account your interests, skills, and financial resources. You should conduct market research and draft a business plan. It is also advisable to network with individuals in the industry. Once you have narrowed down your options, you should confirm the business structure under which the company is registered in Florida or another state, as that will give you further information about whether the company is the right fit for you. 

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 Posted on February 20, 2025 in Real Estate

Although in some respects commercial leases contain similar terms as residential leases, such as a monthly rental price, property description, and term of the tenancy, in other respects commercial leases are structured differently.

Not only do commercial leases leave more room for negotiation, but there are different types of commercial lease agreements that divide the parties’ responsibilities for payment of rent and expenses differently, and each one offers pros and cons depending on your business needs. An experienced Florida commercial real estate attorney can represent you in the negotiation of your commercial lease.

Gross Lease

Similar to many residential leases, under a gross lease, tenants pay a fixed rent. In exchange, landlords pay the property expenses, including insurance, utilities, maintenance, and taxes. These "full-service" leases, as they are often called, may contain "expense stop clauses" that cap landlord liability for expenses in order to prevent tenant abuse. Although these leases have a simple structure, they could end up costing tenants more if landlords bake expenses into the lease price, potentially making the lease more expensive for the tenant.  

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 Posted on February 12, 2025 in Business Law

Businesses seeking to grow or startups getting off the ground can seek financing from venture capital sources. Venture capital investors usually provide financial resources as well as technical support. In return, the venture capital investor receives an often significant share of the company and the right to weigh in on its direction.

Venture capital or equity financing can be a great source of financing that can lead to rapid growth and also open doors for a new business. There are a number of common deal documents which are standard to most venture capital deals. An experienced Oakland Park, FL business financing attorney can represent your business as it seeks to obtain equity financing.

Term Sheet

The term sheet is often the starting point in a venture capital financing transaction. In this non-binding document, the business and investor outline the specifics of the deal, including the investment amount, the company’s valuation, the type of stock class that the investor will receive, and any special rights or preferences. This document will be used to guide the negotiation forward. 

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 Posted on February 05, 2025 in Business Law

It can be tempting and even appropriate for certain types of businesses to operate as a sole proprietorship. After all, if you have a one-person team and a "simple" business with low liability potential, such as a photography, freelance writing, or bookkeeping business, the ease of formation, limited paperwork, and relatively low expense of running your business as a sole proprietorship might be a draw.

Yet there are significant legal risks inherent in sole proprietorships that make this business structure somewhat less appealing. The best way to find out which business structure is right for you, and whether it is a sole proprietorship after all, is to discuss the pros and cons with an experienced Fort Lauderdale, FL business law attorney.

What is a Sole Proprietorship?

A sole proprietorship is a business that is unincorporated. It is operated by one person and there is no legal difference between the business and the owner.

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 Posted on January 28, 2025 in Real Estate

Imagine for a moment an unpleasant scenario for property owners. You paid for your property, either with cash or by taking on a mortgage. Either way, it was a financial burden that you took on thanks to many years of hard work and as a way to make extra income. However, because this is an investment property and happens to be empty for a time, you walk in one day and discover that someone is living there without any legal right or your permission: you have yourself a squatter.

Over time, they may attempt to claim legal rights on your property. If this is happening to you, it may be extremely frustrating and concerning, and you may be wondering what to do. The good news for property owners is that Florida recently tightened the law on "squatter’s rights." An experienced Fort Lauderdale, FL real estate attorney can advise you on dealing with squatters.

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 Posted on January 22, 2025 in Real Estate

While owning and renting out real estate can be a wonderful source of passive income, the word "passive" is not entirely accurate. After all, landlords have to deal with the physical, legal, and financial aspects of renting out their property. One of the biggest and most frustrating issues that landlords face is when a tenant is not paying their rent. An experienced Fort Lauderdale, FL real estate attorney can advise and represent landlords on how to proceed against a tenant that is not paying their rent. 

Can You Evict a Tenant For Nonpayment of Rent?

A landlord can evict a tenant who is not paying rent. However, landlords must follow the specific legal processes for eviction under Florida law. Failure to follow eviction procedures can backfire, giving the tenant a potential claim for wrongful eviction, which can entitle the tenant to damages or even to remain on the property. 

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 Posted on January 16, 2025 in Business Law

The vendor contract is an inescapable part of doing business, as common as computers, timecards, and water coolers. It governs the terms agreed upon when two parties exchange goods or services for payment.

There are different types of vendor agreements governing business relationships, depending on the goods or services provided and the objectives of the agreement. An experienced Broward County, FL business contract negotiation attorney can help businesses draft strong vendor agreements. 

What Are Common Vendor Agreements?

• Master Services Agreement (MSA)

• Statement of Work (SOW)

• Purchase Order (PO)

• Non-Disclosure Agreement (NDA)

• Service Level Agreement (SLA)

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