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Fort Lauderdale, Florida 33301
Phone: (954) 779-7009
Schecter Law

Posts Tagged ‘property’

Commercial Property Investments in Florida

May 19th, 2010

By Mark Schecter | No Comments »

In the past few years, Florida’s foreclosure rate has increased drastically and now sits at historic highs. Commercial properties in prime locations remain vacant as builders and property owners drop their prices and offer incentives to attract potential buyers.

Before you invest in a commercial property, it is important that you understand how they differ from residential property investments.  Here are a few facts you’d want to know:

1.    The value of a commercial property is based primarily on the square footage of space available for use.

2.    A commercial purchase may require a heftier down payment. If you plan to invest, you may be asked to come up with a down payment that is roughly thirty percent more than a residential property.

3.    Commercial foreclosures can be ideal for investors. There are several commercial properties that are either facing foreclosure or have been foreclosed on. The banks are eager to sell as they do not want to hold on to commercial properties any longer than.

4.    A commercial property can provide more stability and monthly income than one single-family residential investment. Lets compare the investments of two gentlemen – Mr. A and Mr. B:

Mr. A owns a small office building located in a middle class community. Mr. B owns a beautiful Victorian style home located in a prominent area of town. Mr. A’s office building is at full capacity with 10 tenants. Mr. B’s home is occupied by a nice family.

What if each of the gentlemen lost a tenant?  Mr. A would lose only ten percent of his monthly rental income, while Mr. B would lose 100% of his if the single family decided to vacate the premises.

Investing in commercial real estate, can be financially rewarding for you and can give your real estate portfolio the diversity it needs. Hire a Florida attorney that will help you research potential commercial property investments and hold your hand throughout the purchase process.

The commercial real estate attorneys of Schecter Law have experience helping investors purchase office buildings, warehouses, shopping malls and multi-family apartment complexes that can result in a good return on investment for you.

Commercial Tenants and Constructive Eviction in Florida

May 12th, 2010

By Mark Schecter | No Comments »

commercial-tenantIn these rough economic times, many commercial tenants are complaining about landlords failing to fulfill basic obligations and adhere to other lease terms.

If you lease commercial real estate in Florida, your landlord has a duty to maintain the leased property in a manner that is suitable for you to operate your business or use in any other permissible way.

When a landlord fails to fulfill this obligation and does not conduct regular maintenance, he deprives you of the enjoyment and use of the leased property. This is considered constructive eviction. See Barton v. The Mitchell Company, 507 S.2d. 148 (1987).

Constructive eviction may involve any condition that renders the leased premises unsuitable for its intended purpose. This includes failure to repair and maintain the property, pest control issues, structural damage and more.

In many instances, commercial landlords forego maintenance and other obligations in order to save money. However, for every landlord that is feeling the financial crunch, there is a commercial tenant that is barely able to keep his business doors open. And thus, cannot afford to incur expenses the landlord is legally obligated to cover.

Much emphasis is given to commercial landlords, builders and property owners when we think about the real estate market in Florida. However, they are not the only people affected by the crash. While they have experienced a fair share of pain in this crisis, there are other victims – commercial tenants – in the market that are suffering along with the landlords and property managers.

If you are a commercial tenant in or around the Fort Lauderdale area dealing with a landlord that refuses to adhere to the terms of a valid lease agreement, you should contact our commercial real estate attorneys. Educate yourself on the remedies available to you as a tenant, particularly ways you can reduce your damages and resolve the matter without the need for costly litigation. You can use this form to email or give us a call at (954) 779-7009.