Empathy List Archives

JM

Jeffrey Mazor

Mon, May 10, 2010 8:35 PM

Any insight would be appreciated:

I thought that if a commercial lease (which had no option to renew and no
survival of terms provision) expired but the tenant stayed, paying monthly
rent which the landlord accepted, the parties will have created a month to
month tenancy and the lease terms, other than duration would continue to
apply. For example, if the lease deemed expense pass-throughs to be
"additional rent", that would continue to be the case post-expiration.

Is that correct? I can't seem to find any law on it.

Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax: 954-962-3560
Email: Jmazor@Mazor.com

Any insight would be appreciated: I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply. For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration. Is that correct? I can't seem to find any law on it. Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: Jmazor@Mazor.com

DW

David Weisman

Mon, May 10, 2010 8:58 PM

I think that it does. Does your lease have any provision that it is not deemed a renewal but continues month to month? Sometimes the holdover or surrender provision has that wording.

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image001.png@01CAF061.F884FF00]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
Sent: Monday, May 10, 2010 4:35 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Do commercial lease terms continue to apply post-expiration?

Any insight would be appreciated:

I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply. For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration.

Is that correct? I can't seem to find any law on it.

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd., Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax: 954-962-3560

Email: Jmazor@Mazor.com mailto:Jmazor@Mazor.com

The information contained in this transmission may be attorney/client 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 intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

I think that it does. Does your lease have any provision that it is not deemed a renewal but continues month to month? Sometimes the holdover or surrender provision has that wording. David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 [cid:image001.png@01CAF061.F884FF00] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor Sent: Monday, May 10, 2010 4:35 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Do commercial lease terms continue to apply post-expiration? Any insight would be appreciated: I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply. For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration. Is that correct? I can't seem to find any law on it. Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: Jmazor@Mazor.com<mailto:Jmazor@Mazor.com> The information contained in this transmission may be attorney/client 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 intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

NB

Neil B. Shoter

Mon, May 10, 2010 9:02 PM

I haven't checked the annotations to §83.04 but that's my understanding

http://www.shutts.com/shutts100.jpg Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail mailto:NShoter@shutts.com | Biography http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Card http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Website http://www.shutts.com/

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
Sent: Monday, May 10, 2010 4:35 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration?

Any insight would be appreciated:

I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply.  For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration.

Is that correct? I can't seem to find any law on it.

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building 

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:       954-962-3560

Email:   Jmazor@Mazor.com <mailto:Jmazor@Mazor.com>

</pre>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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

I haven't checked the annotations to §83.04 but that's my understanding <http://www.shutts.com/shutts100.jpg> Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail <mailto:NShoter@shutts.com> | Biography <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website <http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor Sent: Monday, May 10, 2010 4:35 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration? Any insight would be appreciated: I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply. For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration. Is that correct? I can't seem to find any law on it. Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: Jmazor@Mazor.com <mailto:Jmazor@Mazor.com> </pre>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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

AJ

Anthony J. Horky

Mon, May 10, 2010 9:41 PM

Some cases that might help:

Painter v. Town of Groveland, 79 So.2d 765 (Fla. 1575);

Mossler Acceptance Co. v. Martin, 322 F.2d 183 (5th Cir.)'

Raymond v Mann, 80 So.2d317 (Fla. 1955);

Wingert v. Prince, 123 So.2d 277 (Fla. 2d DCA 1969);

Gower-Goheen Realty, Inc. v. Braun, 215 ASo.2d 409 (Fla. 2d DCA 1968);

RH Holdings LTD v. Barturen, 6 Fla. Weekly Supp. 23 (1998)(attorneys fees provision in lease survived expiration of lease term for holdover tenant).

Regards,

Anthony J. Horky, Esq.

Mombach, Boyle & Hardin, P.A.

500 East Broward Boulevard

Suite 1950 Broward Financial Centre

Ft. Lauderdale, Florida 33394

Telephone: 954.467.2200 ext. 225

Facsimile: 954.467.2210

E-Mail: ahorky@mbhlawyer.com

Website: www.mbhlawyer.com

CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email transmission in error, please notify the sender by email reply immediately. Thank you.

Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the proceeding message contains advice relating to a Federal tax issue, unless expressly stated otherwise, the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein.

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 sued 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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Monday, May 10, 2010 5:03 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Do commercial lease terms continue toapplypost-expiration?

I haven't checked the annotations to §83.04 but that's my understanding

http://www.shutts.com/shutts100.jpg

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail mailto:NShoter@shutts.com | Biography http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Card http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Website http://www.shutts.com/

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
Sent: Monday, May 10, 2010 4:35 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration?

Any insight would be appreciated:

I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply.  For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration.

Is that correct? I can't seem to find any law on it.

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building 

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:       954-962-3560

Email:   Jmazor@Mazor.com <mailto:Jmazor@Mazor.com>

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.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Some cases that might help: Painter v. Town of Groveland, 79 So.2d 765 (Fla. 1575); Mossler Acceptance Co. v. Martin, 322 F.2d 183 (5th Cir.)' Raymond v Mann, 80 So.2d317 (Fla. 1955); Wingert v. Prince, 123 So.2d 277 (Fla. 2d DCA 1969); Gower-Goheen Realty, Inc. v. Braun, 215 ASo.2d 409 (Fla. 2d DCA 1968); RH Holdings LTD v. Barturen, 6 Fla. Weekly Supp. 23 (1998)(attorneys fees provision in lease survived expiration of lease term for holdover tenant). Regards, Anthony J. Horky, Esq. Mombach, Boyle & Hardin, P.A. 500 East Broward Boulevard Suite 1950 Broward Financial Centre Ft. Lauderdale, Florida 33394 Telephone: 954.467.2200 ext. 225 Facsimile: 954.467.2210 E-Mail: ahorky@mbhlawyer.com Website: www.mbhlawyer.com CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email transmission in error, please notify the sender by email reply immediately. Thank you. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the proceeding message contains advice relating to a Federal tax issue, unless expressly stated otherwise, the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. 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 sued 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. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Monday, May 10, 2010 5:03 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Do commercial lease terms continue toapplypost-expiration? I haven't checked the annotations to §83.04 but that's my understanding <http://www.shutts.com/shutts100.jpg> Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail <mailto:NShoter@shutts.com> | Biography <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website <http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor Sent: Monday, May 10, 2010 4:35 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration? Any insight would be appreciated: I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply. For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration. Is that correct? I can't seem to find any law on it. Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: Jmazor@Mazor.com <mailto:Jmazor@Mazor.com> 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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

GP

George Pincus

Tue, May 11, 2010 2:10 PM

There was an article about this case in the DRB this morning. While more of an option enforceability case than a landlord/tenant one, the option contract was part of a lease transaction and I know I run into purchase options in leases all the time, so I thought it would be interesting for the group.

Essentially, the 3rd DCA overturned the trial court judge and made a de novo finding that there were sufficiently detailed material terms and conditions to create a binding purchase option.

George A. Pincus, Esq.
Shareholder
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
New River Center, Suite 2100
200 East Las Olas Boulevard
Ft. Lauderdale, FL 33301
Telephone: 954-766-9705
Facsimile: 954-766-9719
E-mail: gpincus@stearnsweaver.com mailto:gpincus@swmwas.com
www.stearnsweaver.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Monday, May 10, 2010 5:03 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration?

I haven't checked the annotations to §83.04 but that's my understanding

[cid:~WRD000.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Websitehttp://www.shutts.com/

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
Sent: Monday, May 10, 2010 4:35 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration?

Any insight would be appreciated:

I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply. For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration.

Is that correct? I can't seem to find any law on it.

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd., Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax: 954-962-3560

Email: Jmazor@Mazor.com mailto:Jmazor@Mazor.com

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.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

There was an article about this case in the DRB this morning. While more of an option enforceability case than a landlord/tenant one, the option contract was part of a lease transaction and I know I run into purchase options in leases all the time, so I thought it would be interesting for the group. Essentially, the 3rd DCA overturned the trial court judge and made a de novo finding that there were sufficiently detailed material terms and conditions to create a binding purchase option. George A. Pincus, Esq. Shareholder Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com<mailto:gpincus@swmwas.com> www.stearnsweaver.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Monday, May 10, 2010 5:03 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration? I haven't checked the annotations to §83.04 but that's my understanding [cid:~WRD000.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor Sent: Monday, May 10, 2010 4:35 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration? Any insight would be appreciated: I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply. For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration. Is that correct? I can't seem to find any law on it. Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: Jmazor@Mazor.com<mailto:Jmazor@Mazor.com> 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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

NB

Neil B. Shoter

Tue, May 11, 2010 2:18 PM

thanks George

http://www.shutts.com/shutts100.jpg Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail mailto:NShoter@shutts.com | Biography http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Card http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Website http://www.shutts.com/

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus
Sent: Tuesday, May 11, 2010 10:11 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Interesting 3rd DCA Case on a Purchase Option in aLease

There was an article about this case in the DRB this morning.  While more of an option enforceability case than a landlord/tenant one, the option contract was part of a lease transaction and I know I run into purchase options in leases all the time, so I thought it would be interesting for the group. 

Essentially, the 3rd DCA overturned the trial court judge and made a de novo finding that there were sufficiently detailed material terms and conditions to create a binding purchase option.  

George A. Pincus, Esq.

Shareholder

Stearns Weaver Miller Weissler

  Alhadeff & Sitterson, P.A.

New River Center, Suite 2100

200 East Las Olas Boulevard

Ft. Lauderdale, FL 33301

Telephone: 954-766-9705

Facsimile:    954-766-9719

E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> 

www.stearnsweaver.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Monday, May 10, 2010 5:03 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration?

I haven't checked the annotations to §83.04 but that's my understanding

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail mailto:NShoter@shutts.com | Biography http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Card http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Website http://www.shutts.com/

	From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
	Sent: Monday, May 10, 2010 4:35 PM
	To: 'RPPTL Landlord Tenant Committee'
	Subject: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration?

	Any insight would be appreciated:

	I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply.  For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration.

	Is that correct? I can't seem to find any law on it.

	Jeffrey R. Mazor, Esq.

	J. R. Mazor & Associates, P.A.

	Presidential Circle Building 

	4000 Hollywood Blvd.,  Suite 265-s

	Hollywood, FL 33021

	Phone: 954-962-3500

	Fax:       954-962-3560

	Email:   Jmazor@Mazor.com <mailto:Jmazor@Mazor.com> 

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
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person other than the sender or this firm of that 
transaction or matter, and such taxpayer should seek
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CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

thanks George <http://www.shutts.com/shutts100.jpg> Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail <mailto:NShoter@shutts.com> | Biography <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website <http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus Sent: Tuesday, May 11, 2010 10:11 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Interesting 3rd DCA Case on a Purchase Option in aLease There was an article about this case in the DRB this morning. While more of an option enforceability case than a landlord/tenant one, the option contract was part of a lease transaction and I know I run into purchase options in leases all the time, so I thought it would be interesting for the group. Essentially, the 3rd DCA overturned the trial court judge and made a de novo finding that there were sufficiently detailed material terms and conditions to create a binding purchase option. George A. Pincus, Esq. Shareholder Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> www.stearnsweaver.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Monday, May 10, 2010 5:03 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration? I haven't checked the annotations to §83.04 but that's my understanding Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail <mailto:NShoter@shutts.com> | Biography <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website <http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor Sent: Monday, May 10, 2010 4:35 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration? Any insight would be appreciated: I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply. For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration. Is that correct? I can't seem to find any law on it. Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: Jmazor@Mazor.com <mailto:Jmazor@Mazor.com> 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. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

landten@lists.flabarrpptl.org

[RPPTL LandTen] Do commercial lease terms continue to apply post-expiration?