Empathy List Archives

JM

Jeff Mazor

Tue, Nov 15, 2011 7:58 PM

Whoops -- 689.01

-----Original Message-----
From: Jeff Mazor [mailto:jmazor@mazor.com]
Sent: Tuesday, November 15, 2011 2:57 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: RE: [RPPTL LandTen] Lease Execution Question

He-- yes.

I assumed that you raised the question because the tenant was in possession,
you were trying to enforce, and the tenant defended using 687.01.

If this is early in the game and the tenant hasn't yet taken possession, by
all means get it fixed now.

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

-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus
Sent: Tuesday, November 15, 2011 2:56 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Execution Question

Having been in that situation multiple times, I always send it back to the
Tenant to get it properly executed. Better to deal with it at the beginning
of the deal rather than send the e-mail to the list serve and ask the
question when the Tenant is in default or is claiming the lease is
unenforceable a year from now. Yes, clients hate it, but better safe than
sorry.

George A. Pincus, Esq.

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

www.stearnsweaver.com

-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Tuesday, November 15, 2011 2:49 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Execution Question

No I have the lease signed by the landlord with witnesses and by tenant

without witnesses and the question is do I need to send it back out.

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.

-----Original Message-----

From: landten-bounces@lists.flabarrpptl.org

[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor

Sent: Tuesday, November 15, 2011 2:43 PM

To: 'RPPTL Landlord Tenant Committee'

Subject: Re: [RPPTL LandTen] Lease Execution Question

The easy way: Has the tenant taken possession?

If so, I can give you law that such partial performance estops the

tenant

from denying liability.

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

-----Original Message-----

From: landten-bounces@lists.flabarrpptl.org

[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B.

Shoter

Sent: Tuesday, November 15, 2011 2:40 PM

To: 'RPPTL Landlord Tenant Committee'

Subject: [RPPTL LandTen] Lease Execution Question

Please see question below.

  From: Lloyd Granet [mailto:lgranet@granetlaw.com] 

  Sent: Tuesday, November 15, 2011 2:23 PM

  To: Neil B. Shoter

  Subject: 

  

  



  Is anyone aware of any case law which supports the proposition

that

lack of witnesses for a tenant signature does not impact the

enforceability

of lease executed by a tenant.

  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.

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.

landten mailing list

landten@lists.flabarrpptl.org

http://mailman.fsr.com/mailman/listinfo/landten

landten mailing list

landten@lists.flabarrpptl.org

http://mailman.fsr.com/mailman/listinfo/landten

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.

Whoops -- 689.01 -----Original Message----- From: Jeff Mazor [mailto:jmazor@mazor.com] Sent: Tuesday, November 15, 2011 2:57 PM To: 'RPPTL Landlord Tenant Committee' Subject: RE: [RPPTL LandTen] Lease Execution Question He-- yes. I assumed that you raised the question because the tenant was in possession, you were trying to enforce, and the tenant defended using 687.01. If this is early in the game and the tenant hasn't yet taken possession, by all means get it fixed now. 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 -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus Sent: Tuesday, November 15, 2011 2:56 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Lease Execution Question Having been in that situation multiple times, I always send it back to the Tenant to get it properly executed. Better to deal with it at the beginning of the deal rather than send the e-mail to the list serve and ask the question when the Tenant is in default or is claiming the lease is unenforceable a year from now. Yes, clients hate it, but better safe than sorry. George A. Pincus, Esq. 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 www.stearnsweaver.com -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet Sent: Tuesday, November 15, 2011 2:49 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Lease Execution Question No I have the lease signed by the landlord with witnesses and by tenant without witnesses and the question is do I need to send it back out. 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. -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor Sent: Tuesday, November 15, 2011 2:43 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Lease Execution Question The easy way: Has the tenant taken possession? If so, I can give you law that such partial performance estops the tenant from denying liability. 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 -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Tuesday, November 15, 2011 2:40 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Lease Execution Question Please see question below. ________________________________ From: Lloyd Granet [mailto:lgranet@granetlaw.com] Sent: Tuesday, November 15, 2011 2:23 PM To: Neil B. Shoter Subject: Is anyone aware of any case law which supports the proposition that lack of witnesses for a tenant signature does not impact the enforceability of lease executed by a tenant. 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. 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. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten ________________________________ 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.

HG

Haney, Gregory

Tue, Nov 15, 2011 8:03 PM

Excellent point that Manuel and you have raised. 689.01 says, in part:

"...in any other manner than by instrument in writing, signed in the
presence of two subscribing witnesses by the party creating, making,
granting, conveying, transferring or releasing such estate, interest, or
term of more than 1 year ..."

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
http://www.slk-law.com/

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.
-----Original Message-----

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott W.
Dibbs
Sent: Tuesday, November 15, 2011 2:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Lease Execution Question

Are witnesses even required for T's signature? Doesn't statute say
witnesses required for party conveying the leasehold interest- i.e.,
landlord?

-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Drobner,
David S.
Sent: Tuesday, November 15, 2011 2:50 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Execution Question

LL has 2 witnesses though right?

-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Tuesday, November 15, 2011 2:43 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Lease Execution Question

The easy way: Has the tenant taken possession?

If so, I can give you law that such partial performance estops the
tenant
from denying liability.

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

-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, November 15, 2011 2:40 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Lease Execution Question

Please see question below.

    From: Lloyd Granet [mailto:lgranet@granetlaw.com]
    Sent: Tuesday, November 15, 2011 2:23 PM
    To: Neil B. Shoter
    Subject:



    Is anyone aware of any case law which supports the proposition

that
lack of witnesses for a tenant signature does not impact the
enforceability
of lease executed by a tenant.

    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.

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.

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Excellent point that Manuel and you have raised. 689.01 says, in part: "...in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year ..." Gregory R. Haney Attorney at Law Shumaker, Loop & Kendrick, LLP Bank of America Plaza 101 East Kennedy Boulevard Suite 2800 Tampa, FL 33602 813.229.7600 813.227.2277 direct 813.229.1660 fax ghaney@slk-law.com http://www.slk-law.com/ -------------------------------------------------------------------------- IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action. Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659. -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott W. Dibbs Sent: Tuesday, November 15, 2011 2:55 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Lease Execution Question Are witnesses even required for T's signature? Doesn't statute say witnesses required for party conveying the leasehold interest- i.e., landlord? -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Drobner, David S. Sent: Tuesday, November 15, 2011 2:50 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Lease Execution Question LL has 2 witnesses though right? -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor Sent: Tuesday, November 15, 2011 2:43 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Lease Execution Question The easy way: Has the tenant taken possession? If so, I can give you law that such partial performance estops the tenant from denying liability. 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 -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Tuesday, November 15, 2011 2:40 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Lease Execution Question Please see question below. ________________________________ From: Lloyd Granet [mailto:lgranet@granetlaw.com] Sent: Tuesday, November 15, 2011 2:23 PM To: Neil B. Shoter Subject: Is anyone aware of any case law which supports the proposition that lack of witnesses for a tenant signature does not impact the enforceability of lease executed by a tenant. 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. 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. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

DD

Drobner, David S.

Tue, Nov 15, 2011 8:06 PM

But the issue is more about blank witness lines, the implication legal delivery wasn’t intended or is somehow flawed or even dispute of authenticity of execution, and all the hay a litigator could make when it matters the most – when you have to sue the tenant.

Practically speaking there’s little option at inception of the agreement – get the agreement fully and properly executed and witnessed and don’t mess around with an unnecessary future risk like that when it is so easily and painlessly solved up front.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory
Sent: Tuesday, November 15, 2011 3:04 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Execution Question

Excellent point that Manuel and you have raised. 689.01 says, in part:

"...in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year ..."

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
www.slk-law.com http://www.slk-law.com/

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.

-----Original Message-----

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott W. Dibbs
Sent: Tuesday, November 15, 2011 2:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Lease Execution Question

Are witnesses even required for T's signature? Doesn't statute say witnesses required for party conveying the leasehold interest- i.e., landlord?

-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Drobner, David S.
Sent: Tuesday, November 15, 2011 2:50 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Execution Question

LL has 2 witnesses though right?

-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Tuesday, November 15, 2011 2:43 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Lease Execution Question

The easy way: Has the tenant taken possession?

If so, I can give you law that such partial performance estops the
tenant
from denying liability.

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

-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, November 15, 2011 2:40 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Lease Execution Question

Please see question below.

    From: Lloyd Granet [mailto:lgranet@granetlaw.com]
    Sent: Tuesday, November 15, 2011 2:23 PM
    To: Neil B. Shoter
    Subject:
   
   

    Is anyone aware of any case law which supports the proposition

that
lack of witnesses for a tenant signature does not impact the
enforceability
of lease executed by a tenant.

    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.

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.

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

But the issue is more about blank witness lines, the implication legal delivery wasn’t intended or is somehow flawed or even dispute of authenticity of execution, and all the hay a litigator could make when it matters the most – when you have to sue the tenant. Practically speaking there’s little option at inception of the agreement – get the agreement fully and properly executed and witnessed and don’t mess around with an unnecessary future risk like that when it is so easily and painlessly solved up front. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory Sent: Tuesday, November 15, 2011 3:04 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Lease Execution Question Excellent point that Manuel and you have raised. 689.01 says, in part: "...in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year ..." Gregory R. Haney Attorney at Law Shumaker, Loop & Kendrick, LLP Bank of America Plaza 101 East Kennedy Boulevard Suite 2800 Tampa, FL 33602 813.229.7600 813.227.2277 direct 813.229.1660 fax ghaney@slk-law.com www.slk-law.com <http://www.slk-law.com/> ________________________________ IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action. Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659. -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott W. Dibbs Sent: Tuesday, November 15, 2011 2:55 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Lease Execution Question Are witnesses even required for T's signature? Doesn't statute say witnesses required for party conveying the leasehold interest- i.e., landlord? -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Drobner, David S. Sent: Tuesday, November 15, 2011 2:50 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Lease Execution Question LL has 2 witnesses though right? -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor Sent: Tuesday, November 15, 2011 2:43 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Lease Execution Question The easy way: Has the tenant taken possession? If so, I can give you law that such partial performance estops the tenant from denying liability. 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 -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Tuesday, November 15, 2011 2:40 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Lease Execution Question Please see question below. ________________________________ From: Lloyd Granet [mailto:lgranet@granetlaw.com] Sent: Tuesday, November 15, 2011 2:23 PM To: Neil B. Shoter Subject: Is anyone aware of any case law which supports the proposition that lack of witnesses for a tenant signature does not impact the enforceability of lease executed by a tenant. 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. 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. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

LG

Lloyd Granet

Tue, Nov 15, 2011 8:10 PM

Interesting point on blank witness lines. I understand the concept, in standard defensive mode, I sent the leases back out for witnessing yesterday, my question is did I need to.?

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 Drobner, David S.
Sent: Tuesday, November 15, 2011 3:07 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Execution Question