TAMPA, FL—As the market improves, the idea of a landlord suing a tenant for nonpayment may not be as smart as it was several years ago. So says W. Patrick Ayers, a partner in the Tampa office of the Arnstein & Lehr law firm.

After all, he says, do you really want to tie up a property in court instead of focusing on securing a tenant who will pay on time? With more companies in the marketplace renting space, it may be better to move on and cut your losses.

Ayers is asked about topics like this quite often, since he specializes in commercial landlord-tenant work around Florida. GlobeSt.com talked to him about how the market is impacting the way landlords are doing their business these days.

Globest.com: What kinds of things have commercial real estate landlords learned as a result of the real estate downturn?

Ayers: For one thing, more landlords are realizing the importance of having quality agreements in place when they sign tenants. Sometimes, in the excitement of landing a new tenant, key details can be overlooked. As a landlord, you want to look at your role as being a risk manager. In the downturn, as so many problems came up, many landlords saw that they hadn't effectively planned for the possibility of something going wrong.

GlobeSt.com: What should landlords be aware of before they sue a tenant?

Ayers: There are many traps for the unwary. And it's difficult for a landlord to be aware of all the potential legal issues, so we recommend that you get an expert to review the documents, so you can identify and address potential issues before they become problems.

Here's just one example of what could go wrong. Before you can evict a tenant, you have to provide a three-day notice. It's the last chance for the tenant to cure the monetary default. But if you handle this notice wrong, you could end up losing the case and even owing attorney's fees to the tenant.

Be sure to come back this afternoon for part two of this exclusive interview.

NOT FOR REPRINT

© Touchpoint Markets, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more inforrmation visit Asset & Logo Licensing.