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RPPTL Real Estate Leasing Committee

[RPPTL LandTen] Quiet Enjoyment Provisions

lesstevens

Mon, Sep 24, 2012 6:14 PM

Good Afternoon, All:

I am currently negotiating a Lease with a Bank as Tenant and they are
insisting on some language, other than the standard quiet enjoyment
language, which places an affirmative obligation on the Landlord to take
action to abate. (The example given was a weight watchers group loudly
gathering outside of the bank in the hallway, or a loud motivational speaker
in the adjoining suit with the sound travelling through the walls).

Does anyone have any suggestion for language that doesn't make the already
subjective interpretation of a quiet enjoyment provision more subjective?
The only suggestion so far is that if the Tenant complains, the Landlord
shall advise the offending party that they have to install noise reduction
additions to their space.

Thanx for any input.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
IMMEDIATELY

Good Afternoon, All: I am currently negotiating a Lease with a Bank as Tenant and they are insisting on some language, other than the standard quiet enjoyment language, which places an affirmative obligation on the Landlord to take action to abate. (The example given was a weight watchers group loudly gathering outside of the bank in the hallway, or a loud motivational speaker in the adjoining suit with the sound travelling through the walls). Does anyone have any suggestion for language that doesn't make the already subjective interpretation of a quiet enjoyment provision more subjective? The only suggestion so far is that if the Tenant complains, the Landlord shall advise the offending party that they have to install noise reduction additions to their space. Thanx for any input. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net ____________________________________________________________________________ ____________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

Manuel Farach

Mon, Sep 24, 2012 6:21 PM

IMHO, that’s a dangerous thing for a landlord to agree to. For example, what if the breach of the quiet enjoyment is a labor dispute with picketers? How can a landlord abate something like that?

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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

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the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
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addressed herein.

This message contains confidential information and is intended for lesstevens@earthlink.net, landten@lists.flabarrpptl.org. If you are not
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Monday, September 24, 2012 2:15 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Quiet Enjoyment Provisions

Good Afternoon, All:

I am currently negotiating a Lease with a Bank as Tenant and they are insisting on some language, other than the standard quiet enjoyment language, which places an affirmative obligation on the Landlord to take action to abate. (The example given was a weight watchers group loudly gathering outside of the bank in the hallway, or a loud motivational speaker in the adjoining suit with the sound travelling through the walls).

Does anyone have any suggestion for language that doesn’t make the already subjective interpretation of a quiet enjoyment provision more subjective? The only suggestion so far is that if the Tenant complains, the Landlord shall advise the offending party that they have to install noise reduction additions to their space.

Thanx for any input.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net mailto:lesstevens@earthlink.net

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

IMHO, that’s a dangerous thing for a landlord to agree to. For example, what if the breach of the quiet enjoyment is a labor dispute with picketers? How can a landlord abate something like that? ________________________________ [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 lesstevens@earthlink.net, landten@lists.flabarrpptl.org. If you are not lesstevens@earthlink.net, 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 guaranteed 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. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens Sent: Monday, September 24, 2012 2:15 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Quiet Enjoyment Provisions Good Afternoon, All: I am currently negotiating a Lease with a Bank as Tenant and they are insisting on some language, other than the standard quiet enjoyment language, which places an affirmative obligation on the Landlord to take action to abate. (The example given was a weight watchers group loudly gathering outside of the bank in the hallway, or a loud motivational speaker in the adjoining suit with the sound travelling through the walls). Does anyone have any suggestion for language that doesn’t make the already subjective interpretation of a quiet enjoyment provision more subjective? The only suggestion so far is that if the Tenant complains, the Landlord shall advise the offending party that they have to install noise reduction additions to their space. Thanx for any input. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net<mailto:lesstevens@earthlink.net> ________________________________________________________________________________________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY