landten@lists.flabarrpptl.org

RPPTL Real Estate Leasing Committee

View all threads

Re: [RPPTL LandTen] Question on FS 542.33 and 542.335 (contracts in restraint of trade) and radius restriction in lease with percentage rents

PL
peyton lumpkin
Wed, Mar 6, 2013 3:04 PM

Never mind, FS 542.331 takes care of it, thanks!

From: peyton lumpkin [mailto:peytonwhitelumpkin@bellsouth.net]
Sent: Tuesday, March 05, 2013 9:07 PM
To: 'landten@lists.flabarrpptl.org'
Subject: Question on FS 542.33 and 542.335 (contracts in restraint of trade)
and radius restriction in lease with percentage rents

Good evening all,

Can anybody shed some light on the effect of these statutes on a radius
restriction in a lease prohibiting the tenant from operating a similar
business within a set radius because it would decrease the landlord's
percentage rents? Any thoughts would be very  much appreciated, the statute
looks like it would void the restriction.

Thank you,

Peyton

Peyton White Lumpkin, Esq., LEED AP

The Lumpkin Law Firm P.A.

2655 Le Jeune Road

Fifth Floor

Coral Gables, FL 33134

Tel: (305) 667-1808

Fax: (305) 444-5366

peytonwhitelumpkin@bellsouth.net

www.lumpkinlawfirm.com

Confidentiality Notice:  This e-mail message, including any attachments, is
for the sole use of the intended recipient and may contain confidential and
privileged information.  Any unauthorized review, use, disclosure or
distribution is prohibited.  If you are not the intended recipient, please
contact the sender by reply e-mail and destroy all copies of the original
message, including all attachments.


Never mind, FS 542.331 takes care of it, thanks! From: peyton lumpkin [mailto:peytonwhitelumpkin@bellsouth.net] Sent: Tuesday, March 05, 2013 9:07 PM To: 'landten@lists.flabarrpptl.org' Subject: Question on FS 542.33 and 542.335 (contracts in restraint of trade) and radius restriction in lease with percentage rents Good evening all, Can anybody shed some light on the effect of these statutes on a radius restriction in a lease prohibiting the tenant from operating a similar business within a set radius because it would decrease the landlord's percentage rents? Any thoughts would be very much appreciated, the statute looks like it would void the restriction. Thank you, Peyton Peyton White Lumpkin, Esq., LEED AP The Lumpkin Law Firm P.A. 2655 Le Jeune Road Fifth Floor Coral Gables, FL 33134 Tel: (305) 667-1808 Fax: (305) 444-5366 peytonwhitelumpkin@bellsouth.net www.lumpkinlawfirm.com Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message, including all attachments. _____