The Club was pleased to have Hilary Zalman as our Guest Speaker this week (in spite of her being Gary Hildebrand’s niece) to discuss Commercial Leasing and  Tenant default issues related to Covid-19. Hilary grew up locally and then graduated from the University of Miami.   Hilary earned her law degree from Loyola Law School in Southern California. 

She has been a practicing attorney for over fourteen years in Florida and is licensed in both California and Florida.   Hilary is the owner of Zalman Law Firm, P.A., with practice areas including commercial litigation with a focus in commercial and residential landlord/tenant litigation, leasing, real estate closings and title.

Hilary also serves as an Independent Special Magistrate (Judge) in Boynton Beach where she oversees cases in code compliance and City hearings. 

Ms. Zalman shared with the Club members the various issues about landlord/tenant law in hopes of assisting our members now with valuable information so they can avoid litigation.

She shared with the Club that although there were delays in evictions for renters, and contrary to popular belief, evictions can be filed during the moratorium. Thus, renters are still liable for their rent.  There may be a delay in residential evictions including service of the Writ and in addition certain tenants require a thirty (30) day notice instead of a three (3) day notice under the Cares Act prior to eviction. 

For our members with commercial leases, Hilary shared a number of tips on important provisions to consider when negotiating a commercial lease.  

•                     Personal Guaranty – Tenants may negotiate the length of time

•                     HVAC / Air Conditioning Repair and Replacement – Tenants beware, who is responsible for “replacing” the HVAC if it breaks.

•                     Update your Notice Provision (where to receive mail) – If you are home during COVID you may be missing notices!

•                     Force Majeure – Add Hurricane Protections

•                     Negotiate Rent Reductions by considering More or Less Square Footage  

•                     Negotiate Additional Days to Cure Defaults

Hilary also moderates a weekly panel each Wednesday at 2 pm ET on The Boca Raton Tribune bringing together South Florida professionals to share information on the current market, law and community.   Join in the conversation anytime: https://www.youtube.com/watch?v=3dEG2HlAKJw

Hilary’s little boy is about to continue remote learning in Palm Beach County, which is her next exciting challenge!