Real Estate Disputes and Advocacy

Holland & Knight's Real Estate Disputes and Advocacy Team offers clients sophisticated and pragmatic representation in complex real estate litigation matters across the United States. Led by seasoned trial and appellate attorneys with deep real estate industry knowledge and experience, our team provides proactive dispute resolution strategies and results-driven advocacy in disputes involving commercial real estate at any stage, from pre-litigation negotiations to courtroom resolutions.

Our Real Estate Disputes and Advocacy Team combines the strength of Holland & Knight's national platform with focused real estate experience, delivering tailored counsel to landlords, tenants, developers, investors, lenders, managers and other industry stakeholders. By combining aggressive advocacy with creative problem-solving, we work to minimize disruptions and protect our clients' long-term interests.

Our Core Focus Areas

Commercial Leasing Litigation

Our lawyers represent landlords, tenants, lenders, developers and others in the full spectrum of commercial leasing disputes across asset classes, including office, retail, industrial, mixed-use and ground-leased properties. We combine litigation strategy with extensive real estate and leasing knowledge to protect financial interests, enforce lease rights and help resolve disputes efficiently in a wide spectrum of matters, including:

• nonpayment of rent and other monetary defaults, including enforcement of default remedies and recovery of arrears
• nonmonetary lease violations, such as unauthorized use and operational breaches
• lease terminations, including disputes over default-based, voluntary and conditional terminations
• ground lease and net lease litigation, including rent resets, casualty, condemnation and operational disputes
• holdover tenancies, eviction and possession proceedings, including emergency injunctions and use and occupancy claims
• lease interpretation and enforcement disputes
• additional rent and operating expense calculation disputes, including real estate taxes, common area maintenance (CAM), utilities and escalations
• lease assignment, sublease and transfer disputes, including consent, recapture rights and change of control issues
• enforcement of lease guaranties, including good guy guarantees, carve-outs and corporate obligations
• negotiation of settlement agreements and lease modifications to resolve disputes and pending litigation
• appeals of adverse federal and state court rulings
• arbitration and alternative dispute resolution of lease claims, whether contractually required or voluntarily pursued
• bankruptcy and receivership matters, including lease rejection, assumption and claims litigation
• conducting strategic lease audits to identify and eliminate litigation risks, clarify obligations and strengthen client positioning in the event of future disputes

Real Estate Contract and Ownership Disputes

Our team litigates and helps resolve a wide range of transactional and ownership-related conflicts involving commercial, mixed-use and high-value residential properties, including:

• purchase and sale agreement disputes, including issues involving conditions precedent, earnest money, specific performance and failure to close
• breaches of representations and warranties in real estate contracts
• joint venture, partnership and limited liability company (LLC) disagreements, including disputes over control, capital calls, profit distribution and fiduciary duties
• partition actions and disputes among co-owners
• title disputes, including ownership challenges, clouds on title and competing claims
• disputes arising from failed development deals and broken acquisition pipelines
• disputes over rights of first refusal, purchase options and buy-sell agreements

Neighboring Property Disputes

Our lawyers advise clients in contentious matters involving adjoining properties, including:

• noise and nuisance complaints, including claims arising from business operations, construction activity and mechanical systems
• boundary line and encroachment disputes, including surveying conflicts and quiet title actions
• easement disputes, including interpretation, scope, overburdening and abandonment claims
• adverse possession and prescriptive easement claims
• trespass and property damage claims
• party wall and shared structure disputes
• access, light, air and view corridor interference claims

Land Use, Zoning and Regulatory Challenges

Our Real Estate Disputes and Advocacy Team offers strategic counsel and litigation support in complex land use and zoning matters, helping clients navigate government regulation while protecting property rights and development value. Our work in this space includes:

• zoning violations and enforcement proceedings
• disputes over conservation easements, restrictive covenants and deed restrictions
• legal challenges involving short-term rentals, including local ordinance enforcement and zoning code interpretation
• disputes over nonconforming uses and variances
• litigation and disputes involving environmental permitting, the National Environmental Policy Act (NEPA) and various state environmental laws, and other review proceedings
• code compliance proceedings, including building, fire and health code enforcement actions
• permitting and licensing conflicts, including challenges to permit denials, revocations and conditions
• administrative appeals involving planning commissions, zoning boards and other agencies

Mortgage and Foreclosure Remedies

We provide strategic counsel and litigation support to lenders, servicers, special servicers, borrowers, receivers and investors in connection with real estate capital markets matters and distressed real estate assets, including:

• judicial and non-judicial foreclosure actions across property types and jurisdictions
• receivership appointments, operations and discharge proceedings
• loan default and workout negotiations
• enforcement of personal and carve-out guarantees ("bad boy" guarantees)
• disputes involving mezzanine loans and Uniform Commercial Code (UCC) foreclosures
• challenges to foreclosure sales, surplus funds claims and title disputes post-sale
• management of real estate owned (REO) properties and related litigation matters

Shopping Center and Mall Disputes

Our team has extensive experience representing owners, managers, anchor tenants and developers in disputes unique to shopping centers and malls, including:

• reciprocal easement agreement (REA) disputes
• exclusive use provisions, violations and carve-outs
• co-tenancy clause enforcement and litigation
• disputes arising from redevelopment, repurposing and re-tenanting of anchor spaces
• parking, access and circulation conflicts among multiple parcels or owners
• allocation of shared expenses, maintenance obligations and capital improvements
• operational disputes involving hours of operation, signage and tenant mix restrictions

Condominium and Cooperative Law

We represent boards, sponsors and owners in a wide range of purchase and sale agreement disputes and litigation, including:

• disputes involving developer rights and obligations
• construction defects
• condominium and cooperative conversions
• distressed and fractured condominiums
• internal governance issues and disputes

Legislative and Regulatory Advice

Our attorneys also provide skilled guidance on the impact of evolving federal, state and local legislation on property rights, ownership and operations, including:

• state and local rent control laws and regulations
• zoning and land use changes impacting development rights
• environmental regulations affecting property transactions and operations
• affordable housing mandates and inclusionary zoning requirements
• historic preservation laws and their implications for redevelopment
• evolving building codes and safety compliance standards
• real estate tax incentives and abatements
• laws and regulations governing office-to-residential conversions