In 2018, we shared an article explaining the Florida Legislature’s decision to reduce the business rent tax (“BRT”) from 5.8% to 5.7% for leases commencing in 2019 and beyond. On Election Day 2018, the voters in Lee and Collier counties voted in favor of a discretionary sales tax (the “Sales Tax”), 0.5 percent and 1
Kaylee is an associate in the Real Estate and Land Use & Environmental Law departments in the firm’s Fort Myers office. She focuses her practice in commercial and residential sales and leases, development, land use and survey matters. Kaylee is admitted to practice in all Florida state courts.
While in law school, Kaylee was a member of the Phi Alpha Delta International Law Fraternity, served as an Associate Editor for the Journal of International Aging Law and Policy, and worked as an intern for the Legal Department of the St. Petersburg Police Department.
Kaylee was born and raised in Sebring, Florida, and graduated in 2012 from Sebring High School. She currently resides in Fort Myers. When not working, Kaylee enjoys running, playing with her dog, and visiting new places.
Professional & Civic Affiliations
Over the years, Kaylee has volunteered as a legal intern for Gulfcoast Legal Services in St. Petersburg and Sarasota, Florida. She also was a member of the Miracle League of Lake Placid, Florida, and was a member of the United Way of Highlands County Community Investment Team.
Florida’s Third District Court of Appeal handed down a win for local governments on Wednesday when the Court reversed a previous Circuit Court injunction that barred the City of Miami from enforcing a ban on short-term rentals in residential areas of the City.
In 2017, the City of Miami adopted a resolution that affirmed the City’s zoning regulations “as they pertain to short-term/vacation rentals,” and stated that neighborhoods zoned as T3 were limited to permanent residential use, which precluded rental accommodations per night, week, or anything less than one month.
Notably, the T3 zone encompassed most of the City’s single-family houses and duplexes. When residents who had been using Airbnb to rent their properties spoke against the resolution, residents were directed to state their name and address for the record, and the City Manager made the comment that the City was “now on notice” of those who spoke against the City’s code and that he would direct his staff to enforce the City code.
In Jahangiri v. 1830 North Bayshore, LLC, the owners of a Miami deli tried to exercise their first renewal option under a commercial lease. The tenants were not able to exercise their first renewal option because the Court ruled that the renewal provision lacked a definite price term or definite procedure to determine the price term in the future.
La Bottega on the Bay, LLC, entered into a written lease for commercial property in Miami with landlord 1830 North Bayshore, LLC. The lease contained the following provision:
RENEWAL OPTIONS: Upon six months [sic] notice and provided [lessee] is not in default of any provision of this Lease, LESSOR agrees that [lessee] may renew this Lease for two five-year renewal options, each renewal at the then prevailing market rate for comparable commercial office properties.”
Throughout the initial five-year term, the tenants timely paid rent and were otherwise in compliance with the terms of the lease. Upon trying to renew the lease under the Renewal Option, the landlord refused to renew. The tenants then sued to enforce the Renewal Option.