Melody E. Cobbe has been Selected as a 2015 Florida Rising Star

Florida Super Lawyers Magazine  has selected Melody E. Cobbe as a 2015 Florida Rising Star and among the best top local legal talent.  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 honor.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. Melody E. Cobbe has been recognized by Super Lawyers since 2011.  

About Cobbe Law

At Cobbe Law, we are committed to being your business’ counsel for all legal matters – from start-up to breakup. Cobbe Law utilizes a solutions-oriented approach that is geared toward achieving the client’s defined goals and objectives.   Cobbe Law clients now have the ability to outsource their legal business needs while still receiving individual attention.  We have developed a simple and effective program that provides you and your company legal support on an as-needed basis, specific project, or monthly retainer. Currently offered services include:​​ business formation; purchase or sale of an existing business; commercial agreements; corporate governance; employment consulting/human resources; and landlord/tenant consulting.

Keeping Competitors Out of Your Retail Space

Most stores that lease space in a mall or other commercial area would like a guarantee that the landlord won’t also rent to a competing business.  This guarantee is known as “exclusive use,” and you can negotiate for it in a lease. If you’re negotiating a right to exclusive use, here are 5 main points to consider:

1.         What’s your use? What happens if you re-focus your business and your use changes? Can you still keep out competitors?

2.         What if you sublet some space or assign the lease – does the exclusive use still apply?

3.         If you temporarily fall behind on the rent, do you lose your right to exclusive use?

4.         What about pre-existing tenants? 

5.         What’s your remedy? If the landlord violates the contract and leases space to a competitor, what can you do? Presumably you can sue in court to make the landlord stop, but can you also withhold rent, or terminate the lease? If so, do you first have to prove that you actually suffered financial harm?

The Differences Between an Assignment and Subletting Rental Space

There may come a time during a landlord-tenant relationship when a tenant would like to assign or sublet its space to a third party. While an assignment or subletting space may achieve similar practical results, there is significant legal difference between these two methods of allowing a third party to occupy the rented premises.

An assignment of a lease is a complete transfer of the right to be the tenant under the lease. As such, following the assignment, the new tenant pays the rent required under the lease directly to the landlord and is treated as the tenant under the lease for all intensive purposes. However, the assignor tenant, unless released from liability by the landlord, remains liable for the obligations under the lease if the new tenant defaults. Additionally, the landlord can sue the old tenant for back rent and other obligations imposed by the lease if the new tenant fails to pay or perform as required by the lease. 

When a tenant sublets their rental unit, there is a new lease agreement between the tenant as sublessor and a third party as sublessee for all or a portion of the leased premises. The original lease between the tenant and the landlord remains in place, unaffected by the sublease. In this case, the tenant remains liable for monthly rent under the original lease, while collecting rent from the subtenant under the sublease, which may be more, less or the same as the rent due under the main lease. 

In sum, whether you are a Landlord or Tenant, you should keep these differences in mind when deciding to assign or sublease rental space.