Lieser Skaff, a prominent law firm in the greater Tampa Bay area, proudly announces the addition of seasoned attorney Carla Markowitz to its team. With an impressive background in commercial leases, including landlord eviction work, Markowitz is set to enhance…
Starting January 1, 2024, the majority of legal entities functioning in the United States need to assess whether they should submit reports on beneficial ownership information to the Financial Crimes Enforcement Network, in accordance with the Corporate Transparency Act ("CTA").…
One of the most common, and potentially disastrous, mistakes made by entrepreneurs and even seasoned business owners is failing to invest in legal advice and guidance on the front end of a deal or venture. Instead, they wait until something…
Jeffrey P. Lieser, Esq., a founding partner at the Tampa Bay area law firm of Lieser Skaff, has been chosen to serve a three-year term on a Florida Bar Grievance Committee. Attorney Lieser focuses his practice of law on complex…
Lieser Skaff is proud to announce that Jeff Lieser was named among the Florida Super Lawyers “Rising Stars” for 2014. This is his second consecutive year to receive this honor, as he was also selected in 2013. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this distinction. “Rising Stars” recognizes lawyers 40 years or younger, or who have practiced 10 years or less.
Jeff primarily focuses his private practice on complex matters of civil and business litigation and also serves a Circuit Civil Mediator. He has a wide range of clients including clients from private individuals to Fortune 500 Companies.
“You’ve got the brains…I’ve got the connections and money…Let’s make lots of money!” That’s the spirit of a joint venture–two or more entrepreneurs pooling their expertise and capital to profit from a business opportunity. And if everyone has agreed to split the profits equally, what else is there to do except get to work? Just one thing─draft a written joint venture agreement (JVA) with the help of a business lawyer.
An extremely large number of joint ventures end in a legal battle usually because the parties didn’t take the time to anticipate potential problems at the beginning and to account for such issues in a written JVA.
A quiet title action is a lawsuit in which the plaintiff asks the court to declare that the plaintiff has sole legal title to a piece of property. In the lawsuit, the plaintiff should name any person or entity that might possibly have an ownership claim to the property as a defendant. Here are some common reasons for bringing a quiet title action:
1. Tax Deeds and Title Insurance
Florida title insurance companies will not insure title to land that a buyer purchased in a tax sale until the deed to the land has been on record for least four years. To shorten this time frame, however, the buyer can bring a quiet title action to settle all potential claims of ownership to the property. If the defendants are all previous title owners of record and all previous mortgagees of the property, the buyer can purchase title insurance and have marketable title as soon as the court awards judgment in favor of the buyer in the quiet title action.
The “Economic Loss Rule” or “ELR” is a judicially created doctrine, which stands for the proposition that if there is a contract between two parties, then absent physical property damage or bodily injury, those parties rights to sue for things related to that contract are, in essence, limited to a lawsuit for breach of contract. In other words, they cannot to sue for a tort such as unjust enrichment. Stated differently, the Economic Loss Rule bars a tort claim such as negligence or fraud when the losses or damages are purely economic.
Most commercial eviction proceedings are the result of the tenant’s failure to pay rent. Before filing suit, the landlord must give the tenant a three-day, hand-delivered, written notice that requires the tenant to pay the rent or leave the premises. If the tenant does not comply with the notice, the landlord can start eviction proceedings.
A landlord can evict a tenant for not complying with non-monetary obligations outlined in the lease agreement. Such obligations usually relate to the use of the property, maintenance of the property and modifications to the property. Most commercial leases provide the manner in which notice must be given to the tenant for breaching a non-monetary obligation. However, if there is no notice provision, then the landlord must provide written notice requiring the tenant to remedy the breach or leave the premises. If the tenant does not comply with the notice, the landlord may commence eviction proceedings.