Real estate services offered by the Law Office of David Steinfeld
The Law Office of David Steinfeld regularly handles real estate contract disputes and litigation concerning commercial landlords and tenants. But the Firm does not perform closings or provide title insurance. The Firm refers those to local attorneys who do that type of work.
Commercial lease reviews
Chapter 83 of Florida’s Statutes is the Landlord-Tenant Act. That Act defines the obligations applicable to landlords in commercial and residential tenancies. Part one addresses commercial tenancies but the obligations of the parties in commercial rentals is largely governed by the terms of their written lease. The Law Office of David Steinfeld regularly reviews commercial leases to assist and guide businesses in renting space for their operations.
The air conditioning terms in commercial leases are critically important
In commercial leases one important issue that arises in South Florida is the maintenance of the air conditioning system otherwise known and the heating, ventilation, and air conditioning or HVAC for short. The law does not place maintenance obligations on the landlord as in residential settings therefore the parties are free to agree which party should take responsibility for the HVAC. For a tenant to agree to do so is not necessarily bad but where the tenant is unaware of this obligation or the condition of the system the impact can be quite serious. In one lease the landlord placed the maintenance obligation on the tenant.
David Steinfeld's review saved a business over $10,000
On David Steinfeld's recommendation the client seeking to lease the space hired a commercial air conditioning company to inspect the system. That inspection revealed that the system had never been maintained and would likely fair and require replacement within six months of taking occupancy. For a new business trying to advertise and build itself having to shoulder the $14,000 replacement cost may have put them out of business. By identifying the issue the client was able to negotiate for the landlord to install a new HVAC system of which the maintenance during the lease term would be negligible. Thus the investment of Mr. Steinfeld's review saved the client thousands and avoided a very serious and more costly problem later.
Residential lease reviews
Part two of Chapter 83 addresses residential tenancies. While the parties can and often do have written leases in these situations, they may be limited in some terms which is where the Statutes occasionally fill in the missing parts. While an expert business litigator can assist either party in such a situation a tenant that is unable to pay rent must question whether spending money on a lawyer is the best use of money at that point.
Landlords often make mistakes with 3-day notices
One area in which most landlords err is in their three-day eviction notices. By law the landlord is required to provide three-days notice of a default based on non-payment of rent unless that is expanded by the lease. The three-day notice is the foundation of any eviction; if it is defective the eviction lawsuit is defective and must be re-done resulting is more lost rent and embarrassment. Strangely the calculation of those three days seems to elude even experienced landlords and property managers. Weekends and holidays are not included but neither is the last day. Three full days must be allowed in the notice. Too often those who try to save money by doing the notice themselves fail to accurately calculate the days and wind up delaying their own eviction and increasing the cost of the eviction.
How landlords should handle tenant defaults
A landlord's goal should be to have a productive tenant in the demised premises. Removing a non-paying client is often the first step toward returning the space to a productive one. But an eviction is only one method of so doing. As soon as a rent default situation occurs the landlord is best advised to seek the counsel of an experienced attorney who can not only identify and explain the options but can also explain how long it may take the local court to dispose of the matter and the possible defenses and impacts those can have if the courts are used.
What is the eviction process
An eviction is the lawful physical re-possession of the rented space. Apart from that pursuing a non-paying tenant for the unpaid rent is a business decision that should be made with the input of experienced counsel. Eviction suits are often coupled with breach of lease claims seeking monetary damages. As with any lawsuit those must be evaluated as a micro-business and the return on investment of such enterprise calculated in the decision making process. Naturally, the counsel of an experienced expert business litigator becomes invaluable to the decision maker amassing information to aid in that decision.
Structuring real estate investment LLCs
Real estate is considered a business in Florida. Lawsuits over real estate are even covered in the business litigation board certification exam. While many people purchase a home in which to live others buy for investment. This is done in their name or through a business entity, which may involve several investors.
One of the most common methods of these investments is through an easy to manage limited liability company. Its Operating Agreement establishes the relationship between the investor-members and can address issues like how the property will be managed. Properly structuring a business for real estate investments is a service that the Law Office of David Steinfeld regularly offers.
One of the most common methods of these investments is through an easy to manage limited liability company. Its Operating Agreement establishes the relationship between the investor-members and can address issues like how the property will be managed. Properly structuring a business for real estate investments is a service that the Law Office of David Steinfeld regularly offers.
David Steinfeld drafts LLC operating agreements efficiently using a proprietary questionnaire
To make the process efficient, David Steinfeld has digested the changeable parts of the LLC Act into an easy to understand questionnaire designed to elicit the information needed to craft the draft Agreement. By employing this process, Mr. Steinfeld is able to eliminate one meeting thereby saving the client money while still resulting in a solid first draft that is addressed with the client resulting in a final document that perfectly meets the client's intent and needs at a more reasonable price.
Prepared by business litigation expert attorney David Steinfeld

David Steinfeld is one of the few Board Certified business law experts in Florida. He has been licensed for almost 30 years. He is AV-Preeminent rated, ranked as one of the Best Lawyers in America by U.S. News and World Report, and consistently named a Florida Super Lawyer and one of Florida’s Legal Elite. Dave has also received Martindale’s prestigious Judicial Edition Award for high reviews by Judges, its Platinum Client Champion Award and has a 10.0-Superb rating on AVVO as well as a 10.0 rating on Justia, lawyer reviews websites.
Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.
Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.