Real Estate Litigation
At Stok Folk + Kon, we have been addressing the real estate needs of Aventura businesses for over fifteen years. As a part of our commercial litigation practice, our lawyers provide capable legal representation to businesses experiencing real estate disputes. Whether your matter relates to a commercial lease, construction contract, property valuation, or another matter, we are prepared to negotiate aggressively on your behalf to seek an expedient resolution, or take your case to court if necessary.Commercial Lease Litigation
Some of the most commonly reoccurring issues in our real estate litigation practice are commercial lease disputes—specifically, the failure of the tenant to pay rent. These disputes usually involve conflicting interpretations of the lease agreement by the tenant and the landlord. Generally, a tenant will withhold rent if it feels that the landlord has failed to meet a particular condition under the terms of the lease. If the parties cannot agree on a common interpretation of the lease agreement, then litigation can ensue.
Another dispute regarding commercial lease agreements concerns the CAM, or common area maintenance. If a leased commercial space has multiple tenants, there are usually portions of the property that the tenants all use. For instance, if the commercial property is an open-air outlet shopping mall, then common areas may include a courtyard or the sidewalks and walkways in front of the stores. There are usually costs associated with maintaining common areas, for example, paying someone to keep the areas clear of trash and maintain shrubbery. Landlords and tenants may disagree about the costs required for CAM or they may disagree about which party is responsible for payment of these charges.
Commercial landlords and tenants may also disagree about the cost of providing access to people with physical disabilities. If an individual has a problem accessing a store or space in the commercial building, the individual can bring a cause of action against both the tenant and the landlord under the Americans with Disabilities Act (ADA). The landlord and tenant may litigate to determine which party is responsible for providing building access for the physically disabled and which party would be liable in a successful cause of action under the ADA.
Commercial lease disputes can also arise when the tenant decides to terminate the lease and move out of the property. Even if there is no additional issue regarding improper termination of the lease, the parties may disagree regarding the extent of damage done to the property during the tenant’s lease, or how much damage the property sustained when the tenant moved out. Disagreements regarding these issues may also give rise to disputes regarding the tenant’s security deposit. The tenant may argue that, according to the lease agreement, it is owed the security deposit, while the landlord may desire to retain the security deposit because of damage done to the property.Other Real Estate Disputes
Disputes over the commercial lease is just one facet of real estate litigation. Common disputes also include issues such as:
- Code enforcement violations
- Rezoning evaluations
- Analyzing the investment return on various properties
- Construction disputes
- Title examination
- Loan closings
- Property value analysis
- Drafting, revising and negotiating commercial lease agreements
- Handling property entitlements
- Conducting due diligence for potential investors and buyers
At Stok Folk + Kon, we provide an expansive range of real estate litigation services to our clients. Whether your dispute involves a commercial lease agreement or construction litigation, our real estate attorneys can provide skilled and experienced advocacy in handling your legal matter in the Aventura area. Call us today at 305-935-4440 or contact us to schedule a consultation. We serve clients in a number of local communities, including Fort Lauderdale and Hollywood.