[RPPTL LandTen] New problem
Thank you everyone. This committee is fantastic.
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Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
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Boca Raton, Florida 33431
T: 561.989.3206
F. 561.989.3204
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, February 12, 2013 4:43 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] New problem
Prior to filing suit, have the individual assign the sublease to the tenant and then the tenant can sue to evict
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On Feb 12, 2013, at 4:39 PM, "Anthony J. Horky" ahorky@horkylaw.com wrote:
Thank you. From your responses I should clarify.
I represent the tenant whose principal then entered into a sublease but signed in their individual capacity. I’m troubled by this because how can this tenant evict a subtenant when the tenant, who has possession by virtue of a lease in its DBA name, is not the same person who entered into the sublease? Therefore, can an eviction even be performed since who would be the plaintiff? Perhaps an ejectment or unlawful detainer action.
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Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F. 561.989.3204
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: mailto:ahorky@horkylaw.com ahorky@horkylaw.com.
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, February 12, 2013 4:27 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] New problem
I think you have to sue the original/master Tenant for eviction since that is the party with whom the landlord has contractual privity. You could also name the sub-tenant as an additional defendant so the subtenant cannot claim you failed to join an indispensible party, but ultimately the original tenant is the party liable to landlord. I don't know the exact cite, but there's a case that addresses this issue: Bradford Underhill vs. Corporate Rental Solutions, Inc., 17 Fla. L. Weekly Supp. 1119a. The case basically says that if the master tenant's lease is terminated, the sublease is also automatically terminated. Hope this helps.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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From: Anthony J. Horky ahorky@horkylaw.com
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Tuesday, February 12, 2013 4:16 PM
Subject: [RPPTL LandTen] New problem
I would appreciate if anyone can comment on the following:
Tenant enters into commercial lease for space from landlord as individual doing business as fictitious name. The lease is silent with respect to subleasing.
Thereafter, tenant subleases same space in her fictitious name but signs sublease in her individual capacity. Then, the subtenant defaults in the payment of rent, is not paying and will not vacate. Tenant and subtenant sharing same premises comprised of two offices.
Client wants to sue subtenant. The problem I see is that tenant is not the one that entered into the sublease, so how can tenant be the proper party to seek an eviction?
Other than breach of sublease agreement, who is the proper party to bring an action and would it be an eviction, unlawful detainer, or ejectment?
Any input would be greatly appreciated. Thank you.
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Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F. 561.989.3204
www.horkylaw.com http://www.horkylaw.com/
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: mailto:ahorky@horkylaw.com ahorky@horkylaw.com.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
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I apologize Gary. The tenant wants to evict the subtenant for nonpayment of
rent.
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Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F. 561.989.3204
This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is attorney-client
privileged or confidential, and/or may contain attorney work product. If
you are not the intended recipient, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this communication in error, please delete all electronic copies of
this message and its attachments, if any, destroy any hard copies you may
have created and notify me immediately at: mailto:ahorky@horkylaw.com
ahorky@horkylaw.com.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, February 12, 2013 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] New problem
Sorry, maybe I misunderstood the question and fact pattern. Who wishes to
evict, the landlord or master tenant?
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury
Department Regulations, we are now required to advise you that, unless
otherwise expressly indicated, any federal tax advice expressed above was
neither written nor intended by the sender or this firm to be used and
cannot be used by any taxpayer for the purpose of avoiding penalties that
may be imposed under U.S. tax law. If any person uses or refers to any such
tax advice in promoting, marketing or recommending a partnership or other
entity, investment plan or arrangement to any taxpayer, then the advice
should be considered to have been written to support the promotion or
marketing by a person other than the sender or this firm of that transaction
or matter, and such taxpayer should seek advice based on the taxpayer's
particular circumstances from an independent tax advisor.
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From: Brenda B. Ezell brenda@ezellfirmpa.com
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Sent: Tuesday, February 12, 2013 4:27 PM
Subject: Re: [RPPTL LandTen] New problem
I am assuming that you represent the tenant (sublessor), but I believe that
because there was performance under the sublease, the subtenant would likely
lose any defense that the tenant (sublessor) is not the proper party to
bring an eviction action. The tenant should be able to bring the action to
evict in her individual capacity since the primary lease was executed in
that capacity and further because the sublease was executed in that
capacity.
Did I miss something in your fact pattern?
Best regards,
Brenda B. Ezell
Description: Description: Ezell_lawfirm_fin
3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
904.240.4560 Tel
904.240.4561 Fax
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, February 12, 2013 4:16 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] New problem
I would appreciate if anyone can comment on the following:
Tenant enters into commercial lease for space from landlord as individual
doing business as fictitious name. The lease is silent with respect to
subleasing.
Thereafter, tenant subleases same space in her fictitious name but signs
sublease in her individual capacity. Then, the subtenant defaults in the
payment of rent, is not paying and will not vacate. Tenant and subtenant
sharing same premises comprised of two offices.
Client wants to sue subtenant. The problem I see is that tenant is not the
one that entered into the sublease, so how can tenant be the proper party to
seek an eviction?
Other than breach of sublease agreement, who is the proper party to bring an
action and would it be an eviction, unlawful detainer, or ejectment?
Any input would be greatly appreciated. Thank you.
AJH Logo mark
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F. 561.989.3204
This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is attorney-client
privileged or confidential, and/or may contain attorney work product. If
you are not the intended recipient, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this communication in error, please delete all electronic copies of
this message and its attachments, if any, destroy any hard copies you may
have created and notify me immediately at: mailto:ahorky@horkylaw.com
ahorky@horkylaw.com.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.
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