Acceleration Clauses in Florida Commercial Leases: Powerful Remedy, Not a Windfall

Graphic reading ‘Florida Commercial Lease Acceleration Clauses’ with a Florida state outline, contract and pen, calculator, money, and scales of justice in the background.

When a commercial tenant defaults, landlords often want to know one thing: Can I recover the rest of the rent for the lease term now—rather than month by month? In Florida, the answer usually depends on the lease. Acceleration is a powerful remedy when drafted correctly, but Florida courts also treat it with an important limiter: acceleration is not … Read more

Florida Deceptive and Unfair Trade Practices ACT (FDUTPA), Fla. Stat. Ch. 501, – Punitve or Consequential Damages Not Recoverable

What type of damanges are recoverable under FDUTPA? Answer: Actual Damages, Florida Statute states specifcally which remedies are available under a FDUTPA claim stating, 501.211 Other individual remedies.— … (2) In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, … Read more

Florida’s Civil Theft Statute – A powerful addition to a claim for theft/conversion.

Florida’s Civil Theft Statute is a powerful tool to recover  damages for theft and theft related civil actions which enables the Plaintiffs to seek attorney’s fees and treble (triple) damages.  However, there are some nuances in Florida Law which should be reviewed before filing an action for Civil Theft. First, the economic loss doctrine is generally a … Read more