Commercial Eviction During the Covid-19 Pandemic: How We Can Help

Commercial Eviction During the Covid-19 PandemicWith Covid-19 severely impacting the business landscape, many small to medium sized businesses in Florida are unable to pay their rent. While it’s tempting for landlords to evict these tenants, there are several considerations that must be taken into account, one of which is a moratorium on residential evictions due to Covid-19.

What you need to know…

While there are nuances from county to county, the general rule is that residential evictions must involve serving a notice (as usual), but proceeding with the actual eviction process has been suspended until July 1, 2020 (and later in some places). The effective order of eviction suspension, however, does not cancel the obligation to pay rent. Some landlords will be federally prohibited from performing evictions or charging extra fees for late payments during this time, such as landlords with subsidized tenants (HUD, Section 8, and Public Housing, as examples). Landlords of private housing will meet the same restrictions if tenants have a federally backed mortgage (such as VA, USDA, Fannie Mae, or Freddie Mac mortgages).

Of course, these measures do not apply for the most part to commercial tenants. But landlords should not be quick to evict commercial tenants. In the climate of economic downturn caused by the Pandemic, it could become very difficult to get another tenant in the vacated property. A commercial landlord will still want to navigate this situation wisely.

To that end, it’s good practice to work with competent legal counsel among south florida commercial landlord tenant lawyers. Manos Schenk is one such firm that has decades of experience partnering with real estate professionals to protect their best interests with both commercial and residential properties and address the following concerns:

Commercial foreclosure litigation

Commercial foreclosure litigation is a process you don’t want to stave off without a Miami real estate attorney by your side. If you have been impacted by Covid-19 and are unable to meet your own obligations to your lenders or investors, we can help you explore options for stalling the process until you are solvent, or negotiating a solution.

Commercial eviction litigation

Commercial eviction litigation is different from residential eviction litigation. The contracts between landlord and tenant may be more complex, which is why it is good to have an experienced lawyer among Miami real estate litigation attorneys helping you through this process.

Broker and transaction litigation

Broker and transaction litigation can become a necessity when a real estate agent willingly or unwillingly does not put your best interests ahead of their own. A Miami real estate attorney can help you through the process of recovering damages.

Commercial lease litigation

Commercial lease litigation is more common than you think, and it’s something that you don’t need to settle alone. This area can become particularly thorny if you want to keep a tenant for financial reasons, but there is some point in the contract that has become an issue. A professional real estate litigation attorney in Miami can help arbitrate or mediate a situation that has escalated between you and a commercial tenant.

Purchase and sale agreement

Purchase and sale agreement litigation is always a tricky area, but in the financial fallout from Covid-19 there may be some pending agreements that have hit a bottleneck. Fortunately a real estate attorney in Miami can help both parties work out a deal and move forward, or assist in dismantling the deal if one side cannot meet their obligations.

Title and title insurance litigation

Title and title insurance litigation is something that lenders or purchases might need to go through should any dispute in the title or the insurance of the title arise. With the disruptions caused by Covid-19, it’s possible that particular piece could be holding up a deal, which is why it’s good to seek the help of a real estate litigation attorney in Miami.

Lien litigation

Lien litigation can involve dealing with several types of liens against a property, including mechanic’s liens and homeowners’ association liens. With the disruption caused by the Covid-19 pandemic, you may be unable to meet your obligations to a contractor or the HOA of any rental properties you own. A professional among Miami real estate litigation lawyers can help defend your interests and protect your assets.

One firm to address all these concerns…

Manos Schenk is a team of South Florida Real Estate Litigation Lawyers with decades of experience partnering with real estate professionals in both commercial or residential projects, and we can help with many of the above concerns. Though Covid-19 presents an unusual situation, sensible legal advice around real estate litigation can go a long way towards protecting your landed assets during the Pandemic and beyond.