TAMPA, FL—Should you rush to litigate against deadbeat commercial real estate tenants? Is it even as much of an issue in today's market? Globest.com caught up with W. Patrick Ayers, a partner in the Tampa office of the Arnstein & Lehr law firm, to get some answers. Click here to read part one of our exclusive interview with the commercial real estate attorney.

GlobeSt.com: Are you seeing fewer tenants defaulting on lease obligations as the economy gets better?

Ayers: You are always going to see tenant defaults in the market, but they certainly were higher in this last economic downturn. In terms of protecting yourself as a landlord on the front end, you have to take precautions to make sure you are signing up a quality tenant. Ask for financials. Get recommendations. Check public records to get a look at their background.

Beyond a tenant's ability to pay, we find that landlords don't often learn about the relationship with the tenant's last landlord. As an example, did the tenant constantly complain about issues that weren't relevant, or create problems for other tenants?

GlobeSt.com: Do you see landlords around Florida in a rush to litigate when there's an issue? What do you do to advise them?

Ayers: Basically, our message is this: Don't rush to litigate. If you have a good picture of your tenant's situation, think rationally about whether the tenant's circumstances won't change.

And think about other options. You could terminate the lease and find another tenant, for example. Certainly, litigation is an option, but it can tie up your time and resources, so it should be a last resort.

Instant Insights /

Why Tenant Litigation Should Be a Last Resort

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