I have a commercial tenant client who is suffering property damage and
business interruption damage due to the criminal actions of another tenant
at the same industrial warehouse location. The criminal action was caught on
camera reported to the police and resulted in an arrest of the other tenant.
That has aggravated the situation. I am looking for case law or support for
the theory that the landlord has an obligation to take action to protect the
victimized tenant or risk liability for failure to do so. All suggestions
welcome?

Gaël

Gaël Beriro, P.A.

205 Worth Avenue, Suite 307 I

Palm Beach, FL 33480

Tel: 561.835.4611

Fax: 928.833.4611

This communication/transmission is intended only for the use of the
addressee(s) named above and may contain information that is privileged and
confidential. Access to this e-mail by anyone else is unauthorized. If you
are not the intended recipient, you are hereby notified that any
dissemination, distribution, use or copying of this communication is
strictly prohibited. If you received this transmission in error, please
immediately alert the sender by reply e-mail and permanently delete and
destroy this message and any attachments. To reply to our e-mail
administrator directly, please send an e-mail to gael@berirolaw.com

IRS Circular 230 Notice: To ensure compliance with the requirements imposed
by the IRS, we inform you that any U.S. tax advice contained in this
communication (including any attachments) is not intended or written to be
used, and may not be used, for the purpose of (i) avoiding penalties under
the Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.

Take a look at these:
Czerwinski v. Sunrise Point Condominium 540 So. 2d 199-3rd DCA
Salerno v. Hart Finance Corp, 521 So. 2d 234, 4th DCA

[cid:image004.png@01CED005.DD0BB930]

[cid:image003.jpg@01CED005.DB5EA570]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Gael Beriro
Sent: Wednesday, October 23, 2013 3:17 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Landlord Responsibility When Tenant Acts Criminally

I have a commercial tenant client who is suffering property damage and business interruption damage due to the criminal actions of another tenant at the same industrial warehouse location. The criminal action was caught on camera reported to the police and resulted in an arrest of the other tenant. That has aggravated the situation. I am looking for case law or support for the theory that the landlord has an obligation to take action to protect the victimized tenant or risk liability for failure to do so. All suggestions welcome?

Gaël

Gaël Beriro, P.A.
205 Worth Avenue, Suite 307 I
Palm Beach, FL 33480
Tel: 561.835.4611
Fax: 928.833.4611

This communication/transmission is intended only for the use of the addressee(s) named above and may contain information that is privileged and confidential. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this communication is strictly prohibited. If you received this transmission in error, please immediately alert the sender by reply e-mail and permanently delete and destroy this message and any attachments. To reply to our e-mail administrator directly, please send an e-mail to gael@berirolaw.commailto:gael@berirolaw.com

IRS Circular 230 Notice: To ensure compliance with the requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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.