In commercial leasing, the attorney's job is to anticipate the worst outcome from the very start of a landlord-tenant relationship. This definitive guide will teach attorneys and other landlord representatives how to protect their clients from tenant defaults and minimize losses in the event of eviction. Find out what lease provisions will ensure a quick and easy lease termination and help avoid litigation. Apply our expert drafting tips to improve the effectiveness of your contracts, notices and complaints. Get step-by-step techniques for evicting a tenant for non-payment or other lease defaults, and protect your landlord clients' rights of possession. Order today!

• Commercial Leasing Overview and Legislative Update
• Overcoming Ethical Challenges
• How to Avoid Eviction Litigation Before the Lease is Signed
• Eviction Proceedings in Detail
• Common Tenant Defenses to the Eviction Action
• Select Issues in Terminating Commercial Leases

Continuing Education Credits:   

* denotes specialty credits

COMMERCIAL LEASING OVERVIEW AND LEGISLATIVE UPDATE
9:00 - 10:00, Anthony J. Horky

• Types of Commercial Leases
• How are Commercial Evictions Different from Residential?
• Major Laws Governing Commercial Landlords and Tenants
• Current Case Law Update

OVERCOMING ETHICAL CHALLENGES
10:15 - 11:15, Anthony J. Horky

• Attorney-Client Confidentiality
• Determining and Collecting Attorney's Fees
• Avoiding Conflicts of Interest
• When is the Job Finished? Ending the Attorney-Client Relationship

HOW TO AVOID EVICTION LITIGATION BEFORE THE LEASE IS SIGNED
11:15 - 12:15, John R. Sheppard

• Avoiding Potential Insurance and Subrogation Problems
• Disclaimers of Liability and Indemnification
• Advising Clients on Entity Verification, Credit Checks, Deposits, Liens and Guarantees
• Essential Lease Provisions
• Common Drafting Oversights That are Likely to Cause Litigation

EVICTION PROCEEDINGS IN DETAIL
1:15 - 2:15, John R. Sheppard

• Grounds for Eviction
• Proper Notice Practices under the Lease: Types, Language, Timing, Service
• Proper Statutory Notice
• Preparing and Filing the Complaint
• The Role of Alternative Dispute Resolution in Commercial Evictions
• Eviction Court Procedure and Timeline from Start to Finish
• Litigation Strategies
• Practical Tips for Going to Trial

COMMON TENANT DEFENSES TO THE EVICTION ACTION
2:15 - 3:15, Larry M. Mesches

• Acceptance of Rent and Waiver
• Breach of Covenants
• Constructive Eviction
• Lockout and Self-Help
• Failure to Mitigate Damages

SELECT ISSUES IN TERMINATING COMMERCIAL LEASES
3:30 - 4:30, Larry M. Mesches

• Abandonment
• What to do When the Tenant Vacates
• Availability of Double Rent
• Ejectment as an Alternative to Unlawful Detainer
• Defective Exercise of Option to Renew
• Bankruptcy

ANTHONY J. HORKY is a senior associate with Mombach, Boyle & Hardin, P.A. in Fort Lauderdale, where he focuses his practice on commercial litigation, including business torts, real estate litigation, title insurance claims, landlord-tenant matters and construction lien law. Mr. Horky is a frequent presenter at landlord and tenant seminars throughout south Florida. He is a member of The Florida Bar's Trial Lawyers Section and Real Property, Probate and Trust Law Section, and is a member of the Section's Landlord/Tenant Committee. Mr. Horky is admitted to practice in the U.S. District Court, Southern District of Florida and the U.S. Court of Appeals for the Eleventh Circuit. Mr. Horky earned his B.A. degree, cum laude, at Florida Atlantic University and his J.D. degree at Nova Southeastern University, Shepard Broad Law Center.

LARRY M. MESCHES is a partner in the West Palm Beach office of the New York law firm of McLaughlin & Stern, LLP, where he heads the litigation division and practices in the areas of landlord/tenant law, commercial litigation, real estate litigation, community association law, business litigation and real estate transactional law. He earned his B.A. degree from the University of Wisconsin, Madison and his J.D. degree from the University of Miami. Mr. Mesches is a member of the Palm Beach County Bar Association, The Florida Bar (member, Trial Lawyers and Real Property, Probate & Trust Law sections), the Palm Beach County Justice Association and the Trial Bar of the District Court for the Southern District of Florida.

JOHN R. SHEPPARD is an attorney in the West Palm Beach law firm of Dicker, Krivok & Stoloff, P.A. His areas of practice are business disputes, real estate litigation, landlord-tenant and professional negligence. Mr. Sheppard has experience in a full range of commercial litigation, including professional negligence, real property and criminal misdemeanor, in both state and federal courts. He has represented business owners, individual investors and institutional clients in a variety of commercial disputes. Mr. Sheppard speaks frequently at various collection seminars through National Business Institute. He is a member of the Palm Beach County and American bar associations. Mr. Sheppard earned his B.A. and J.D. degrees from the University of Florida.

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Phone: 866-240-1890

Email: credit@nbi-sems.com