NAA Lease
Good morning ALL,
One of our clients is considering using the NAA form of Lease for a multi-family project. Does anyone have experience working with this Lease? Would you recommend?
Any feedback is sincerely appreciated.
Thanks, Maggie
MAGGIE BARRETO‑TERCILLA
PARTNER
[cid:image001.png@01D89FF9.9399C170]
Avila Rodriguez Hernandez Mena & Garro LLP
2525 Ponce de Leon Boulevard, Penthouse 12th Floor
Coral Gables, Florida 33134
D
305.779.3563
EXT
3563
O 305 779 3560
mbarreto@avilalaw.com mailto:mbarreto@avilalaw.com
www.avilalaw.comhttps://avilalaw.com/
This email and any attachments are intended only for the use of the addressee named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this e-mail message in error, please immediately notify the sender by replying to this message or by telephone.
We inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
cxlsig
Hundreds of our large multifamily clients use the Blue Moon lease. Our firm made all the needed changes when Blue Moon was implemented in Florida over 20 years ago. It is based off of the TAA lease and the apartment industry heavily pushes it so there is some consistency nationwide due to so many companies having nationwide portfolios.
So far, there have been no real problems and it is used by thousands of apartment communities. It is regularly updated.
Harry Heist
INFO ON CARES COVERED PROPERTY: https://mailchi.mp/evict.com/carescfpb
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Monday, July 25, 2022 7:42 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] NAA Lease
Good morning ALL,
One of our clients is considering using the NAA form of Lease for a multi-family project. Does anyone have experience working with this Lease? Would you recommend?
Any feedback is sincerely appreciated.
Thanks, Maggie
MAGGIE BARRETO‑TERCILLA
PARTNER
[cid:image001.png@01D8A00D.59BD3220]
Avila Rodriguez Hernandez Mena & Garro LLP
2525 Ponce de Leon Boulevard, Penthouse 12th Floor
Coral Gables, Florida 33134
D
305.779.3563
EXT
3563
O 305 779 3560
mbarreto@avilalaw.com mailto:mbarreto@avilalaw.com
www.avilalaw.comhttps://avilalaw.com/
This email and any attachments are intended only for the use of the addressee named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this e-mail message in error, please immediately notify the sender by replying to this message or by telephone.
We inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
cxlsig
NAA APARTMENT LEASE ISSUES – 2022 VERSION
While we consider the NAA an excellent lease/addenda, we note the following important deficiency: Paragraph 27. No temporary vacating for repairs.
Paragraph 27. Requests for Repairs and Malfunctions – There is no landlord right to demand temporary vacating for repairs. There are repairs that the landlord or landlord’s vendor will want or need the temporary vacating of the tenant for a short period. The landlord’s only Lease option in the last subparagraph is to permanently terminate the lease, subject to that subparagraph’s limitations. Even if the landlord offers comparable accommodations or offers to pay for a motel for the short period, the uncooperative tenant can refuse or otherwise leverage the landlord with unreasonable monetary demands or termination of the lease. (Note that temporary vacating in Paragraph 25 Pest Control only applies to extermination.) We advise our clients to use the “Additional Special Provisions” to auto-fill with language granting the landlord the right to require temporary vacating with the landlord’s only duty to rebate the rent during the temporary vacating. This allows the landlord maneuvering room to negotiate reasonable alternative accommodations, since the landlord has no duty to provide alternative accommodations.
Paragraph 27
Although not technically a deficiency, we note that the Lease is somewhat misleading at Paragraph 27, 2nd subparagraph. “Air conditioning problems are not emergencies.” Florida courts hold a/c is an emergency repair depending on outside temp and a/c cooling temp.
Mike
Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209, Clearwater, FL 33761-3351
P 727-726-1900/F 727-726-7440
mike@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.com
www.mgfdlaw.comhttp://www.mgfdlaw.com/
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Monday, July 25, 2022 7:42 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] NAA Lease
Good morning ALL,
One of our clients is considering using the NAA form of Lease for a multi-family project. Does anyone have experience working with this Lease? Would you recommend?
Any feedback is sincerely appreciated.
Thanks, Maggie
MAGGIE BARRETO‑TERCILLA
PARTNER
[cid:image003.png@01D8A010.BD2B92E0]
Avila Rodriguez Hernandez Mena & Garro LLP
2525 Ponce de Leon Boulevard, Penthouse 12th Floor
Coral Gables, Florida 33134
D
305.779.3563
EXT
3563
O 305 779 3560
mbarreto@avilalaw.com mailto:mbarreto@avilalaw.com
www.avilalaw.comhttps://avilalaw.com/
This email and any attachments are intended only for the use of the addressee named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this e-mail message in error, please immediately notify the sender by replying to this message or by telephone.
We inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
cxlsig
Hi Everyone,
Would someone from NAA or FAA be willing to do a one-hour webinar for us on
apartment complex leasing this coming year? An introduction to this area of
law would be great for both our committee members and other RPPTL members!
Kristen King Jaiven, Esq.
Kristen King Jaiven, Lawyer, PLLC
Cell: 407-590-9686
Email: Kristen@kkjlawyer.com
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error, please notify the system manager.
Please note that any views or opinions presented in this email are solely
those of the author and do not necessarily represent those of the company.
Finally, the recipient should check this email and any attachments for the
presence of viruses. The company accepts no liability for any damage caused
by any virus transmitted by this email. Reporting: kristen@kkjlawyer.com
On Mon, Jul 25, 2022 at 10:29 AM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:
NAA APARTMENT LEASE ISSUES – 2022 VERSION
While we consider the NAA an excellent lease/addenda, we note the
following important deficiency: Paragraph 27. No temporary vacating for
repairs.
Paragraph 27. Requests for Repairs and Malfunctions – There is no
landlord right to demand temporary vacating for repairs. There are repairs
that the landlord or landlord’s vendor will want or need the temporary
vacating of the tenant for a short period. The landlord’s only Lease
option in the last subparagraph is to permanently terminate the lease,
subject to that subparagraph’s limitations. Even if the landlord offers
comparable accommodations or offers to pay for a motel for the short
period, the uncooperative tenant can refuse or otherwise leverage the
landlord with unreasonable monetary demands or termination of the lease.
(Note that temporary vacating in Paragraph 25 Pest Control only applies to
extermination.) We advise our clients to use the “Additional Special
Provisions” to auto-fill with language granting the landlord the right to
require temporary vacating with the landlord’s only duty to rebate the rent
during the temporary vacating. This allows the landlord maneuvering room
to negotiate reasonable alternative accommodations, since the landlord has
no duty to provide alternative accommodations.
Paragraph 27
Although not technically a deficiency, we note that the Lease is somewhat
misleading at Paragraph 27, 2nd subparagraph. “Air conditioning problems
are not emergencies.” Florida courts hold a/c is an emergency repair
depending on outside temp and a/c cooling temp.
Mike
Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209, Clearwater, FL 33761-3351
P 727-726-1900/F 727-726-7440
Primary Eservice: eservice@mgfdlaw.com
The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential and/or privileged
material. Any review, retransmissions, dissemination or other use of this
information by persons or entities other than the intended recipient(s) is
unauthorized and prohibited. Any transmission of confidential and/or
privileged material to persons or entities other than the intended
recipient(s) shall not be construed as a waiver of any privilege or
confidence. If you receive this transmission in error, please contact the
sender and delete the material. Thank you.
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Monday, July 25, 2022 7:42 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] NAA Lease
Good morning ALL,
One of our clients is considering using the NAA form of Lease for a
multi-family project. Does anyone have experience working with this Lease?
Would you recommend?
Any feedback is sincerely appreciated.
Thanks, Maggie
MAGGIE BARRETO‑TERCILLA
PARTNER
Avila Rodriguez Hernandez Mena & Garro LLP
2525 Ponce de Leon Boulevard, Penthouse 12th Floor
Coral Gables, Florida 33134
D
305.779.3563
EXT
3563
O 305 779 3560
mbarreto@avilalaw.com mbarreto@avilalaw.com
www.avilalaw.com https://avilalaw.com/
This email and any attachments are intended only for the use of the
addressee named above and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. If you are
not an intended recipient, or the employee or agent responsible for
delivering this e-mail to the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is
strictly prohibited. If you receive this e-mail message in error, please
immediately notify the sender by replying to this message or by telephone.
We inform you that any tax advice contained in this correspondence was not
intended or written by us to be used, and cannot be used by you or anyone
else, for the purpose of avoiding penalties imposed by the Internal Revenue
Code.
cxlsig
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Contact the NAA. I can’t imagine that they wouldn’t jump at the chance to do a webinar on the main product/source of income.
Mike
Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209, Clearwater, FL 33761-3351
P 727-726-1900/F 727-726-7440
mike@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.com
www.mgfdlaw.comhttp://www.mgfdlaw.com/
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Monday, July 25, 2022 10:43 AM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] NAA Lease
Hi Everyone,
Would someone from NAA or FAA be willing to do a one-hour webinar for us on apartment complex leasing this coming year? An introduction to this area of law would be great for both our committee members and other RPPTL members!
Kristen King Jaiven, Esq.
Kristen King Jaiven, Lawyer, PLLC
Cell: 407-590-9686
Email: Kristen@kkjlawyer.commailto:Kristen@kkjlawyer.com
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. Reporting: kristen@kkjlawyer.commailto:kristen@kkjlawyer.com
On Mon, Jul 25, 2022 at 10:29 AM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org> wrote:
NAA APARTMENT LEASE ISSUES – 2022 VERSION
While we consider the NAA an excellent lease/addenda, we note the following important deficiency: Paragraph 27. No temporary vacating for repairs.
Paragraph 27. Requests for Repairs and Malfunctions – There is no landlord right to demand temporary vacating for repairs. There are repairs that the landlord or landlord’s vendor will want or need the temporary vacating of the tenant for a short period. The landlord’s only Lease option in the last subparagraph is to permanently terminate the lease, subject to that subparagraph’s limitations. Even if the landlord offers comparable accommodations or offers to pay for a motel for the short period, the uncooperative tenant can refuse or otherwise leverage the landlord with unreasonable monetary demands or termination of the lease. (Note that temporary vacating in Paragraph 25 Pest Control only applies to extermination.) We advise our clients to use the “Additional Special Provisions” to auto-fill with language granting the landlord the right to require temporary vacating with the landlord’s only duty to rebate the rent during the temporary vacating. This allows the landlord maneuvering room to negotiate reasonable alternative accommodations, since the landlord has no duty to provide alternative accommodations.
Paragraph 27
Although not technically a deficiency, we note that the Lease is somewhat misleading at Paragraph 27, 2nd subparagraph. “Air conditioning problems are not emergencies.” Florida courts hold a/c is an emergency repair depending on outside temp and a/c cooling temp.
Mike
Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209, Clearwater, FL 33761-3351
P 727-726-1900/F 727-726-7440
mike@mgfdlaw.commailto:mike@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.commailto:eservice@mgfdlaw.com
www.mgfdlaw.comhttp://www.mgfdlaw.com/
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmissions, dissemination or other use of this information by persons or entities other than the intended recipient(s) is unauthorized and prohibited. Any transmission of confidential and/or privileged material to persons or entities other than the intended recipient(s) shall not be construed as a waiver of any privilege or confidence. If you receive this transmission in error, please contact the sender and delete the material. Thank you.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Monday, July 25, 2022 7:42 AM
To: landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] NAA Lease
Good morning ALL,
One of our clients is considering using the NAA form of Lease for a multi-family project. Does anyone have experience working with this Lease? Would you recommend?
Any feedback is sincerely appreciated.
Thanks, Maggie
MAGGIE BARRETO‑TERCILLA
PARTNER
[cid:image001.png@01D8A016.BAA0BA90]
Avila Rodriguez Hernandez Mena & Garro LLP
2525 Ponce de Leon Boulevard, Penthouse 12th Floor
Coral Gables, Florida 33134
D
305.779.3563
EXT
3563
O 305 779 3560
mbarreto@avilalaw.com mailto:mbarreto@avilalaw.com
www.avilalaw.comhttps://avilalaw.com/
This email and any attachments are intended only for the use of the addressee named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this e-mail message in error, please immediately notify the sender by replying to this message or by telephone.
We inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
cxlsig
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
