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FAQ

  • Commercial landlord–tenant FAQ

    • What counts as a “default” under a commercial lease in Florida?

      A default is usually any material failure to follow the lease, such as not paying rent on time, violating use or assignment clauses, failing to maintain insurance, or not performing required repairs, as defined by the default provisions in the lease.

    • What remedies does a commercial landlord typically have if a tenant stops paying rent?

      Depending on the lease terms and applicable law, remedies can include serving a notice of default, suing for unpaid rent and other charges, terminating the lease, filing an eviction action, and in some cases accelerating future rent or enforcing a personal guaranty.

    • Can a landlord lock a commercial tenant out without going to court?
      Some commercial leases allow limited self‑help remedies, but using them without strictly following the lease and the law can expose the landlord to wrongful eviction and damage claims. In many situations, the safer course is to proceed through proper notice and, if needed, a court proceeding.
    • What are the most common disputes in commercial landlord–tenant relationships?

      Frequent issues include nonpayment of rent or CAM charges, disagreements over maintenance and repair obligations, build‑out and construction problems, exclusive‑use and competition clauses, options to renew, and disputes over defaults and cure rights.

    • How are disagreements over CAM or operating expenses usually resolved?

      These disputes often turn on the lease language and the landlord’s records. Resolution may involve reviewing or auditing the charges, clarifying which costs can be passed through, and, if necessary, litigating over misallocated or improperly calculated expenses.

    • What happens if the premises become unusable because of damage or building issues?

      The parties’ rights typically depend on casualty, condemnation, and repair clauses in the lease. Those provisions may address rent abatement, termination rights, and deadlines for the landlord to restore the premises, which can become central in a dispute.

    • When should a commercial landlord contact an attorney about a problem tenant?
      It is wise to speak with counsel as soon as payment problems, chronic late performance, or serious lease violations appear, before sending notices or making concessions that might waive rights or weaken later eviction or collection efforts.
    • What documentation is most important in a commercial landlord–tenant dispute?

      Key documents usually include the lease and all amendments, any estoppel certificates, guaranties, rent ledgers, correspondence and emails, notices of default, repair and maintenance records, and any prior settlement or forbearance agreements.

    • Can commercial landlord–tenant disputes be resolved without eviction or a lawsuit?

      Many disputes can be resolved through negotiated payment plans, lease amendments, short‑term forbearance agreements, or agreed move‑out terms, provided the resolution is carefully documented to protect the landlord while giving the tenant clear expectations.

  • Residential vs. commercial matters

    • Do you handle residential landlord–tenant cases?

      No. The firm does not handle residential landlord–tenant disputes. Residential matters are governed by a different statutory and regulatory framework, and our practice is devoted exclusively to business and commercial disputes, including commercial leases.

    • Why don’t you take residential landlord–tenant matters?

      The firm is a business‑focused litigation practice. Concentrating on commercial leases and business disputes allows the attorneys to stay current on complex contract, corporate, and commercial real estate issues and to provide deeper experience for business clients.

    • What types of landlord–tenant cases do you focus on?

      The firm represents parties in commercial lease disputes only, including nonpayment of rent, CAM and operating expense disputes, lease enforcement and guaranties, commercial evictions, build‑out and repair disputes, and related business and real estate claims.

  • Commercial business litigation FAQs

    • What is commercial business litigation?
      Commercial business litigation involves disputes between businesses or business stakeholders over contracts, fiduciary duties, unfair competition, fraud, non‑compete agreements, intellectual property, and other issues that arise in the operation, ownership, or sale of a business.​
    • What are common commercial litigation issues you see?

      Common issues include breach of commercial contracts, non‑compete and restrictive covenant disputes, tortious interference with contracts or business relationships, fraud and deceptive trade practices, breach of fiduciary duty, and partnership or shareholder disputes.​

    • How do you approach a high stakes commercial dispute?

      The firm evaluates business objectives first, then designs a tailored strategy that may include aggressive motion practice, targeted discovery, or negotiation, always weighing cost, risk, and timing against the client’s business goals.​

  • Commercial landlord–tenant and real estate FAQs

    • What kinds of commercial landlord–tenant cases do you handle?

      The firm litigates commercial eviction actions, rent and CAM disputes, enforcement of lease defaults and guaranties, build‑out and repair disputes, and related business tort and real estate claims tied to commercial properties.​

    • Can you help prevent lease disputes before they reach litigation?

      Yes. In addition to litigating, the firm drafts and reviews commercial leases and related documents to clarify obligations, tighten remedies, and reduce the risk that a disagreement will escalate into costly litigation.​

  • Strategy, prevention, and cost FAQs

    • How can you help my business avoid litigation?

      By reviewing contracts, policies, and recurring dispute patterns, the firm can identify pressure points, revise documents, and implement practices that reduce exposure, so many conflicts can be resolved early or avoided altogether.​

    • How do you keep business litigation cost effective?

      The firm focuses on lean staffing, targeted discovery, and strategy calibrated to the amount at stake, and it discusses budgets and billing expectations up front so litigation resources are aligned with business objectives.​

    • What should I bring to an initial consultation about a business dispute?
      Clients are encouraged to bring key contracts, correspondence, prior pleadings or demand letters, and a concise timeline of events so counsel can quickly assess liability, damages, and procedural posture and recommend next steps.​

  • General business litigation FAQs

    • When should a Florida business hire a litigation attorney?
      A business should consult a litigation attorney as soon as a dispute appears likely to affect revenue, ownership, or key contracts, even before a lawsuit is filed, so counsel can shape the facts, preserve evidence, and evaluate strategies like early resolution, injunctions, or pre‑suit negotiations.​
    • What types of business disputes does Rosenthal Law Group handle?

      The firm represents clients in breach of contract cases, business dissolution and partnership disputes, business torts, construction and real estate litigation, commercial landlord‑tenant matters, employment and labor disputes, and tortious interference and trade secret claims.​

    • Can you represent out of state clients in Florida business disputes?
      Yes. The firm routinely serves businesses and individuals located across the United States whose disputes must be litigated in Florida courts, handling matters locally so out‑of‑state clients do not need a physical presence here.​

  • Role of the lawyer

    • If I bring AI generated analysis to a consultation, will you use it?

      AI output can sometimes help identify questions to explore, but it is treated only as a rough starting point. Your attorney will independently verify the law and facts, correct errors, and then give you candid advice about the real strengths, weaknesses, timelines, and costs of your case.

    • How should I think about AI’s role in my case?
      The safest way to think about AI is as a high‑speed research assistant—not a lawyer. It can help gather and organize information, but decisions about filing, settlement, trial strategy, and risk must always be made by you and your attorney based on verified facts, governing law, and experience in the courtroom.

  • Risks and limitations of AI

    • What are the main risks of relying on AI to analyze my case?

      AI tools can sound confident while giving wrong answers, including citing cases that do not exist, misreading statutes, or applying law from the wrong jurisdiction. There are already reported cases where lawyers and litigants were sanctioned for submitting AI‑generated briefs with fabricated authorities.

    • Can AI understand the full context and nuance of my situation?
      No. AI does not truly understand context, credibility, emotions, or the practical realities of litigation; it processes text in a limited window and can easily miss cross‑references, prior rulings, or subtle facts that change the outcome. It also cannot weigh business considerations, reputational risk, or personal priorities the way a human lawyer can.
    • Is it safe to paste my confidential documents into public AI tools?

      Entering confidential or sensitive information into public AI systems can create serious privacy and privilege risks, because your data may be stored, used for further training, or accessible to the provider’s personnel. Confidential documents should only be reviewed in secure environments that preserve privilege and comply with professional and ethical obligations.

  • Benefits of AI in litigation

    • How can AI legitimately help with my legal matter?
      Used properly by a lawyer, AI can speed up document review, help spot patterns, and surface potentially relevant authority more quickly, which can reduce some research and drafting time. It can also help generate timelines, organize communications, and identify themes, allowing the attorney to spend more time on strategy and judgment.
    • Does AI make hiring an attorney less necessary?

      No. AI cannot substitute for legal judgment about strategy, credibility, settlement value, procedural rules, or how a particular judge or jury is likely to react to your facts. Courts and ethics rules still place responsibility on licensed attorneys—not software—for the advice given and documents filed.

  • How clients are using AI

    • Is it okay to use AI to research my case before I talk to a lawyer?
      Yes, generative AI can be a useful starting point to learn basic legal concepts, identify issues, and organize your thoughts before a consultation. It can also help you summarize documents or emails so you can more easily explain the background of your dispute.
    • Why does my AI tool say my case is “strong” or “easy to win”?
      Most AI systems are pattern‑matching tools that work from limited information and do not apply jurisdiction‑specific law, local rules, judge‑specific history, or evidentiary problems to your situation. They tend to oversimplify and overstate confidence, which is why many litigants arrive with unrealistic expectations about value, risk, and timing.

  • General Litigation & Construction Litigation FAQ

    • Is there anything I can do after a default has been entered against me in a lawsuit?
      Yes, Florida has a strong preference for lawsuits to be determined on the merits and courts should liberally set aside defaults under appropriate circumstances. However, to aside a default judgment, a party must show excusable neglect, a meritorious defense and move diligently to vacate the default. If it is determined that the judgment entered is void, rather than voidable, on a proper motion, a trial court is obligated to set it aside at any time regardless of the passage of time. A judgment is void when it is entered by a court lacking jurisdiction over the subject matter of the case or jurisdiction over the person or where there is violation of due process. It is important to obtain legal representation immediately upon being sued, and in the unfortunate event of having a default entered, immediately upon learning of the default.
    • How much time do I have to respond to a complaint after it has been served?
      The computation of time under the law is not something trivial that should ever be overlooked. There are strict deadlines under the law that parties are required to comply with. Unless a different time is prescribed in a statute of Florida (for example, a tenant only has five days to answer an eviction complaint), a defendant must respond to a lawsuit in Florida state courts within 20 days after service of original process and the initial pleading on the defendant and in federal courts within 21 days after service of original process and the initial pleading on the defendant.
    • Are arbitration agreements enforceable?
      Yes, arbitration agreements are standard provisions found in many contracts, including employment agreements, waivers and releases and sales agreements. The issue of arbitrability frequently arises in litigation. One of the parties will dispute the validity of the arbitration provision or dispute whether the arbitration provision covers the claims at issue. Arbitration agreements are a favored means of dispute resolution, and doubts concerning their scope are generally resolved in favor of arbitration.
    • Can I be sued in Florida if I am not a Florida resident?
      It depends. Generally, in order to bring a non-resident to Florida to defend a case for breach of contract, there must be more than an obligation to pay in the state to support constitutional due process requirements. Florida courts have consistently held that an obligation to pay in Florida alone is not enough, even if the parties agree in their contract to jurisdiction in Florida. In the context of business transactions, this outcome renders many transactions meaningless since creditors find themselves with guarantors (for example) who reside elsewhere, and creditors find themselves having to pursue individual guarantors in different jurisdictions. Fla. Stat. §§685.101-102 is an alternative long arm provision which enables parties to consent to jurisdiction in Florida if certain conditions exist. The contract between the parties must (1) include a choice of law provision designating Florida law as the governing law, (2) include a provision whereby the nonresident agrees to submit to the jurisdiction of the Florida courts, (3) involve consideration of not less than $250,000.00 and (4) either bear a substantial or reasonable relation to Florida or have at least one of the parties to the contract must be a resident of Florida or incorporated under its law.
    • Can a contractor combine charges due under two contracts into a single claim of lien?
      No, Florida law prohibits the filing of a single claim of lien for charges under two direct contracts and a contractor’s failure to strictly comply with Florida’s lien laws can result in the loss of all lien rights.

  • Protecting Against Liability Issues for Commercial Real Property Owners and Insurance Coverage & Defense FAQ

    • Is a landowner responsible for every injury or loss that occurs on its property?
      No, negligence is not synonymous with strict liability. A property owner is not liable for every single injury or loss merely because it occurred on its property. Rather, the plaintiff must establish that the property owner breached its duty of care owed to the plaintiff and that such breach was the cause of the plaintiff’s damages. In premises liability cases, the property owner’s duty to the plaintiff is dependent on the plaintiff’s status to the land. Rosenthal Law Group can assist property owners in identifying what duty of care it owes to its patrons, consumers and invitees and what property owners should do to avoid and/or minimize the risk of breaching that standard of care.
    • What can be done to avoid liability for injuries or losses that occur on my property?
      Liability Waiver agreements are one means to avoid and/or minimize your liability for injuries or losses that occur on your property. However, liability waivers must be clear and unambiguous to be enforceable. Rosenthal Law Group has extensive experience in drafting liability waivers and litigating the enforceability of liability waivers when faced with challenges to enforceability.
    • Are waiver agreements enforceable against minors?
      Liability waivers against minors must follow the requirements set forth in Fla. Stat. §744.301. The waiver will not protect a property owner from liability from its own negligence but should protect the property owner against liability for injury or loss resulting from the inherent risks of the activity on the property. Rosenthal Law Group has extensive experience in drafting liability waivers and litigating the enforceability of liability waivers when faced with challenges to enforceability.
    • Is my insurance company required to defend and indemnify a negligence lawsuit?
      Most (if not all) insurance policies require timely notice of a claim or suit. Compliance with a notice provision is a condition precedent to coverage. Promptly notify your insurer of any claim or lawsuit. There is a distinction between a duty to defend and a duty to indemnify. A duty to defend is broader than a duty to indemnify. A duty to defend is triggered if there is a potential for coverage while a duty to indemnity is triggered when there is actual coverage. Rosenthal Law Group helps property owners determine potential sources of insurance coverage when faced with claims and represents property owners and/or their insurers in defending against premises liability and negligence suits.
    • What should I do if someone is injured on my property?
      Promptly notify your insurer of any claim or lawsuit. Preserve all evidence, including any video surveillance of the incident. All initial investigations, including accident reports and witness communications, should remain confidential and privileged. Rosenthal Law Group represents property owners and/or their insurers in defending against premises liability and negligence claims. It is important to retain an attorney from the very onset of the claim to perform an initial investigation into liability and damages, including contacting witnesses, serving subpoenas, and establishing attorney-client privilege issues.

  • Real Estate Brokers and Commission Payments FAQ

    • When is a broker entitled to its commission and can a broker earn a commission if the closing does not occur?

      In Florida, a broker is entitled to a commission payment when that broker procures a purchaser or tenant that is ready, willing and able to proceed with the transaction. Because of the uncertainty concerning when a buyer or tenant is ready, willing and able, parties should enter into a commission agreement very early on. Whether and when a commission is owed is contingent on the specific details of each transaction and the express language drafted in the commission agreement.


      A procuring broker is the procuring cause of a sale or lease of real estate, when the procuring broker has: (1) brought the parties together; and (2) effected the sale or lease assignment as a result of continuous negotiations inaugurated by him or her.

      To be the procuring cause, the broker must show that: (a) he brought the property to the attention of the potential purchaser; and (2) the sale was consummated through the continuous negotiations between the vendor and the purchaser.

    • Who pays the commission – seller, landlord, or both?

      Responsibility for payment of the commission varies by county dependent on the particular market and the type of transaction.


      The seller commonly pays the commission in the sale of commercial real estate, though parties may negotiate that the payment is shared between the purchase and seller, or that payment is to be made entirely by the purchaser.

      The landlord typically pays the commission for a commercial lease, though this may be negotiated by the parties so that the payment is shared between the tenant and the landlord. In a commercial lease situation, the commission is usually paid over a period of time outlined in a schedule attached to the commission agreement. For this reason, careful attention should be paid to the terms of the written brokerage agreement to avoid disputes over commissions.

    • Is fee splitting allowed?
      Fee splitting is permitted in Florida; however, Florida limits the splitting of a fee, commission or other compensation received by a real estate broker to other Florida licensed real estate brokers.
    • Does Florida impose any statutory restrictions on commission rates?
      Florida law does not restrict commission rates, the parties are free to negotiate and determine the commission rate.
    • What is the range of negotiated rates?
      Rates vary considerably by county based on market factors and case-by-case conditions.
    • Does a broker need a written brokerage agreement to claim its commission?
      No written agreement is required in Florida for the enforcement of a commission payment owed; a written agreement is required in order to impose a broker’s lien. While a written agreement is not required in Florida, it is wise for parties to enter into written brokerage agreement with their respective brokers as soon as possible to avoid any unwarranted claims for commission payments.

  • Landlord & Tenant FAQ

    • Does Rosenthal Law Group handle evictions on a flat fee basis?

      No. But you should consider that hiring a flat fee eviction attorney may not be the best solution.

      When considering whether to hire a flat fee eviction attorney, be sure to ask a lot of questions. The fee quoted assumes that the eviction will be uncontested. In other words, the flat fee quoted will only apply if the tenant ignores the fact that the landlord has filed an eviction action and simply lets a default judgment be entered against him/her/it. In our experience this almost never happens. No matter how hopeless a tenant's situation is, almost every tenant does something to avoid being evicted. Wouldn't you?

    • Is the fee quoted for residential or commercial evictions?
      At Rosenthal Law Group we exclusively handle commercial evictions. The laws are quite different. In fact, often times a residential eviction isn't even filed in the same court as a commercial eviction.
    • Who is handling my matter? A paralegal, secretary or an attorney with years of experience dong evictions?
      At Rosenthal Law Group we never have paralegals or secretaries handle evictions. All work is done by attorneys.
    • What is the timing of obtaining an uncontested eviction?
      At Rosenthal Law Group we expedite all evictions. After all, the Florida law is written specifically to make the process quick if you take advantage of the available rights and remedies. However, sending paperwork to the court by mail and letting the process work its way through the system usually is a less expensive way to handle the eviction process but inevitably delays even an uncontested eviction by many weeks. Some flat fee law firms state that the uncontested eviction could take 4-6 weeks or more to evict a tenant in an uncontested eviction. While there are never any guarantees, an uncontested eviction can be accomplished in far less time if the process is expedited. While the cost may be slightly more, time is money, and the quicker you regain possession of your premise the sooner you can re-let it and start making money.
    • Does the flat fee eviction law firm have experience in commercial evictions?
      Rosenthal Law Group is a business law firm that handles all types of commercial matters including complex commercial litigation. Commercial evictions are just one of the areas where we have extensive experience. We do not handle residential evictions, but focus our attention on what we do best - commercial evictions. We have handled hundreds or commercial landlord tenant disputes. We provide unmatched experience handling all aspects of commercial evictions including distress for rent, suits for damages, enforcement of lien rights, emergency hearings, and defense of counterclaims filed by tenants. Alex Rosenthal has lectured on the subject of commercial landlord tenant actions and remedies and has authored substantive written materials relied upon by other experienced attorneys in the area of commercial landlord tenant law.
    • Does the flat fee eviction firm provide you immediate and regular contact with a lawyer handling your matter?
      At Rosenthal Law Group you will speak directly with our attorneys and have immediate access by phone and email at all times to get regular updates on the status of your eviction. Constant communication is important no matter what your matter is and we pride ourselves on maintaining a high level of communication with our clients. Your eviction is the most important matter you have and we will treat it as such in our firm.
    • Does the flat fee eviction firm provide legal representation and advice on your business and lease generally?
      When you retain Rosenthal Law Group to handle your matter, whether it is a general commercial dispute or a landlord tenant eviction, we believe you are hiring us to be your attorney for more than a single isolated matter. We will listen to you and consider anything we believe relevant to your business and suggest helpful advice to improve your situation. The eviction may be your current issue, but it can't be considered in a vacuum. This can only occur when your matter is handled by attorneys as opposed to paralegals and secretaries.
    • What is the fee if the matter is contested?
      Once the matter is contested (i.e., any paper is filed by the tenant opposing the eviction), the so called flat fee eviction is no longer a flat fee eviction. You can expect to pay much more than originally expected since you will be charged on an hourly basis. No two lawyers charge the same per hour and certainly the hourly rate is usually commensurate with the level of experience of the attorney. However, if you assume that your eviction matter will be contested, you should ask what you will be charged per hour and consider whether you are comfortable with the experience of the attorney handling the matter at the hourly rate being charged.

  • Business & Commercial FAQ

    • What types of business or commercial matters can your firm help with?
      Our legal team has achieved tremendous success for our clients in a wide variety of business legal matters, including but not limited to litigation, business torts, insurance coverage, general contract disputes, business law, change of ownership or corporate structure, business dissolution, construction law, construction litigation, commercial landlord tenant litigation, commercial landlord rights & responsibilities, general corporate counsel, mergers & acquisitions, employment & consulting agreements, corporate reorganizations, appeals, business, corporate & partnership disputes, breach of contract, tortious interference w/ contract, collections, employment & labor, protecting trade secrets, real estate litigation, and contract negotiation and disputes.
    • How do I choose a qualified corporate litigation lawyer?
      The vital matter in corporate law is that your legal team has a history of successfully resolving complex corporate matters, and focuses on this area of practice. At Rosenthal Law Group, we have gained a reputation throughout Florida and have been retained as general corporate counsel by firms throughout the area. We have an accomplished team of creative legal professionals, and have achieved the coveted highest peer rating (AV rating) for ethical and professional standards.
    • What can be done to avoid further employee lawsuits?
      Our society is fraught with danger for those who venture into the business world. Certain employees are determined to get paid off for imagined or exaggerated violations of employee law, and move through a variety of businesses filing suit and collecting settlements. Our litigious society makes the "business of doing business" even tougher, particularly for the business owner, who are providing employment and benefits to their employees. In order to seek to avoid further legal attacks from such parties, our legal team can assist in defending such attacks in court, as well as creating processes, contracts and releases used within the company to seek to avoid or deter successful lawsuits in the future.
    • Is it possible to dissolve a partnership without serious financial losses?
      The dissolution of a business partnership or relationship must be addressed by a skilled and creative business litigation lawyer, seeking to avoid a costly dispute through negotiating reasonable terms. Although the parties involved are often unwilling to negotiate initially, creative intervention early in the process can assist in avoiding litigation. In some cases, taking the case to court is unavoidable, and ensuring that you have the full support of a skilled legal team from Rosenthal Law Group can allow you to proceed into court with confidence that your interests will be represented professionally. Our case development and presentation on our clients' behalf is comprehensive and will serve you well in either case.
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