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[RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry

MF
Manuel Farach
Thu, May 31, 2012 7:18 PM

Does anyone have a form complaint for a tenant to interplead rent into the Court Registry? The landlord, the landlord’s lender and the DOR are all claiming the same rent.
Thanks
Manny


[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.comhttp://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.


Does anyone have a form complaint for a tenant to interplead rent into the Court Registry? The landlord, the landlord’s lender and the DOR are all claiming the same rent. Thanks Manny ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________
BB
Beverly Barnett
Mon, Jun 4, 2012 6:06 PM

I have a tenant that entered into a lease that states "restaurant is being rented in working order subject to inspection".  The grease trap needs to be replaced and the landlord is refusing to replace it.  The county will not issue a permit to open the restaurant.  Does the tenant need to give the landlord a 15 or 20 day notice to cure?  If the grease trap is not replaced can tenant walk away from the lease?  Thanks.

Beverly R. Barnett, Esq.

Thornton, Torrence & Barnett, P. A.

6709 Ridge Road Suite 106

Port Richey, FL 34668

727-845-6224

The information contained in this transmission is attorney privileged and confidential.  It is intended only for the use of the individual or entity named above.  If the reader of this message is not the addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by returning the original message to us.  Thank you.


From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Thursday, May 31, 2012 3:18 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry

Does anyone have a form complaint for a tenant to interplead rent into the Court Registry? The landlord, the landlord's lender and the DOR are all claiming the same rent.
Thanks
Manny


[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.comhttp://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.


I have a tenant that entered into a lease that states "restaurant is being rented in working order subject to inspection". The grease trap needs to be replaced and the landlord is refusing to replace it. The county will not issue a permit to open the restaurant. Does the tenant need to give the landlord a 15 or 20 day notice to cure? If the grease trap is not replaced can tenant walk away from the lease? Thanks. Beverly R. Barnett, Esq. Thornton, Torrence & Barnett, P. A. 6709 Ridge Road Suite 106 Port Richey, FL 34668 727-845-6224 The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Thursday, May 31, 2012 3:18 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry Does anyone have a form complaint for a tenant to interplead rent into the Court Registry? The landlord, the landlord's lender and the DOR are all claiming the same rent. Thanks Manny ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________
LG
Lloyd Granet
Mon, Jun 4, 2012 6:14 PM

What is the Tenant's goal?

In commercial leases there are usually specific notice clauses for landlord default, what do they provide, in addition there are sometimes a self help clause in the lease that would allow the Tenant to fix grease traps on behalf of Landlord.  What does the lease provide?

This email message was sent by:


Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial:  (561) 999-0090
Main Number:  (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com

NOTICE:  IRS Circular 230 Disclosure:  In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Beverly Barnett
Sent: Monday, June 04, 2012 2:07 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry

I have a tenant that entered into a lease that states "restaurant is being rented in working order subject to inspection".  The grease trap needs to be replaced and the landlord is refusing to replace it.  The county will not issue a permit to open the restaurant.  Does the tenant need to give the landlord a 15 or 20 day notice to cure?  If the grease trap is not replaced can tenant walk away from the lease?  Thanks.

Beverly R. Barnett, Esq.

Thornton, Torrence & Barnett, P. A.

6709 Ridge Road Suite 106

Port Richey, FL 34668

727-845-6224

The information contained in this transmission is attorney privileged and confidential.  It is intended only for the use of the individual or entity named above.  If the reader of this message is not the addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by returning the original message to us.  Thank you.


From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org]mailto:[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Thursday, May 31, 2012 3:18 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry

Does anyone have a form complaint for a tenant to interplead rent into the Court Registry? The landlord, the landlord's lender and the DOR are all claiming the same rent.
Thanks
Manny


[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.commailto:MFarach@richmangreer.com
www.RichmanGreer.comhttp://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.commailto:MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.


What is the Tenant's goal? In commercial leases there are usually specific notice clauses for landlord default, what do they provide, in addition there are sometimes a self help clause in the lease that would allow the Tenant to fix grease traps on behalf of Landlord. What does the lease provide? This email message was sent by: _______________________________ Lloyd Granet Law Offices of Lloyd Granet, P.A. 2295 NW Corporate Boulevard, Suite 235 Boca Raton, FL 33431 Direct Dial: (561) 999-0090 Main Number: (561) 999-9300 x110 Fax: (561) 999-9400 Email: lgranet@granetlaw.com NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Beverly Barnett Sent: Monday, June 04, 2012 2:07 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry I have a tenant that entered into a lease that states "restaurant is being rented in working order subject to inspection". The grease trap needs to be replaced and the landlord is refusing to replace it. The county will not issue a permit to open the restaurant. Does the tenant need to give the landlord a 15 or 20 day notice to cure? If the grease trap is not replaced can tenant walk away from the lease? Thanks. Beverly R. Barnett, Esq. Thornton, Torrence & Barnett, P. A. 6709 Ridge Road Suite 106 Port Richey, FL 34668 727-845-6224 The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org]<mailto:[mailto:landten-bounces@lists.flabarrpptl.org]> On Behalf Of Manuel Farach Sent: Thursday, May 31, 2012 3:18 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry Does anyone have a form complaint for a tenant to interplead rent into the Court Registry? The landlord, the landlord's lender and the DOR are all claiming the same rent. Thanks Manny ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com<mailto:MFarach@richmangreer.com> www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>. If you are not landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com<mailto:MFarach@richmangreer.com>) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________
BB
Beverly Barnett
Mon, Jun 4, 2012 7:12 PM

The lease is very poorly written (imagine that).  So it does not provide anything.  The other problem is he paid the landlord the entire year's rent upfront.  If the landlord does not provide a new grease trap, he wants out of the lease.  Thanks.

Beverly R. Barnett, Esq.

Thornton, Torrence & Barnett, P. A.

6709 Ridge Road Suite 106

Port Richey, FL 34668

727-845-6224

The information contained in this transmission is attorney privileged and confidential.  It is intended only for the use of the individual or entity named above.  If the reader of this message is not the addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by returning the original message to us.  Thank you.


From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Monday, June 04, 2012 2:14 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry

What is the Tenant's goal?

In commercial leases there are usually specific notice clauses for landlord default, what do they provide, in addition there are sometimes a self help clause in the lease that would allow the Tenant to fix grease traps on behalf of Landlord.  What does the lease provide?

This email message was sent by:


Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial:  (561) 999-0090
Main Number:  (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com

NOTICE:  IRS Circular 230 Disclosure:  In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Beverly Barnett
Sent: Monday, June 04, 2012 2:07 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry

I have a tenant that entered into a lease that states "restaurant is being rented in working order subject to inspection".  The grease trap needs to be replaced and the landlord is refusing to replace it.  The county will not issue a permit to open the restaurant.  Does the tenant need to give the landlord a 15 or 20 day notice to cure?  If the grease trap is not replaced can tenant walk away from the lease?  Thanks.

Beverly R. Barnett, Esq.

Thornton, Torrence & Barnett, P. A.

6709 Ridge Road Suite 106

Port Richey, FL 34668

727-845-6224

The information contained in this transmission is attorney privileged and confidential.  It is intended only for the use of the individual or entity named above.  If the reader of this message is not the addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by returning the original message to us.  Thank you.


From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org]mailto:%5bmailto:landten-bounces@lists.flabarrpptl.org%5d On Behalf Of Manuel Farach
Sent: Thursday, May 31, 2012 3:18 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry

Does anyone have a form complaint for a tenant to interplead rent into the Court Registry? The landlord, the landlord's lender and the DOR are all claiming the same rent.
Thanks
Manny


[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.commailto:MFarach@richmangreer.com
www.RichmanGreer.comhttp://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.commailto:MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.


The lease is very poorly written (imagine that). So it does not provide anything. The other problem is he paid the landlord the entire year's rent upfront. If the landlord does not provide a new grease trap, he wants out of the lease. Thanks. Beverly R. Barnett, Esq. Thornton, Torrence & Barnett, P. A. 6709 Ridge Road Suite 106 Port Richey, FL 34668 727-845-6224 The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet Sent: Monday, June 04, 2012 2:14 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry What is the Tenant's goal? In commercial leases there are usually specific notice clauses for landlord default, what do they provide, in addition there are sometimes a self help clause in the lease that would allow the Tenant to fix grease traps on behalf of Landlord. What does the lease provide? This email message was sent by: _______________________________ Lloyd Granet Law Offices of Lloyd Granet, P.A. 2295 NW Corporate Boulevard, Suite 235 Boca Raton, FL 33431 Direct Dial: (561) 999-0090 Main Number: (561) 999-9300 x110 Fax: (561) 999-9400 Email: lgranet@granetlaw.com NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Beverly Barnett Sent: Monday, June 04, 2012 2:07 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry I have a tenant that entered into a lease that states "restaurant is being rented in working order subject to inspection". The grease trap needs to be replaced and the landlord is refusing to replace it. The county will not issue a permit to open the restaurant. Does the tenant need to give the landlord a 15 or 20 day notice to cure? If the grease trap is not replaced can tenant walk away from the lease? Thanks. Beverly R. Barnett, Esq. Thornton, Torrence & Barnett, P. A. 6709 Ridge Road Suite 106 Port Richey, FL 34668 727-845-6224 The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org]<mailto:%5bmailto:landten-bounces@lists.flabarrpptl.org%5d> On Behalf Of Manuel Farach Sent: Thursday, May 31, 2012 3:18 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Complaint for Tenant Interpleading Rent Into Court Registry Does anyone have a form complaint for a tenant to interplead rent into the Court Registry? The landlord, the landlord's lender and the DOR are all claiming the same rent. Thanks Manny ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com<mailto:MFarach@richmangreer.com> www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>. If you are not landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com<mailto:MFarach@richmangreer.com>) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________