Empathy List Archives

AJ

Anthony J. Horky

Mon, Aug 17, 2015 5:27 PM

Hello all.

I've been asked by a residential landlord whether we need to amend his
residential lease agreement because he will be renting a single family home
to an LLC as the "lessee" but an actual employee will be living in the home.
The HOA has no restrictions on corporate leases.

I've not dealt with this scenario before. Is there a particular addendum or
different type of lease that must be used in this situation?

Thank you for any insight you can provide.

Regards,

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

http://www.horkylaw.com www.horkylaw.com

This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is attorney-client
privileged or confidential, and/or may contain attorney work product. If
you are not the intended recipient, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this communication in error, please delete all electronic copies of
this message and its attachments, if any, destroy any hard copies you may
have created and notify me immediately at: mailto:ahorky@horkylaw.com
ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.

Hello all. I've been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the "lessee" but an actual employee will be living in the home. The HOA has no restrictions on corporate leases. I've not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation? Thank you for any insight you can provide. Regards, AJH Logo mark Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 <http://www.horkylaw.com> www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: <mailto:ahorky@horkylaw.com> ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

MF

Manuel Farach

Mon, Aug 17, 2015 5:48 PM

Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms

[cid:image58fc4c.GIF@15cff79a.47b51891]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
V-cardhttp://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com http://www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, August 17, 2015 1:27 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] corp lessee for residential unit

Hello all.

I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases.

I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation?

Thank you for any insight you can provide.

Regards,

[AJH Logo mark]

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com http://www.horkylaw.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com mailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms ________________________________ [cid:image58fc4c.GIF@15cff79a.47b51891] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com V-card<http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com<http://www.RichmanGreer.com> U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Monday, August 17, 2015 1:27 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] corp lessee for residential unit Hello all. I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases. I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation? Thank you for any insight you can provide. Regards, [AJH Logo mark] Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com<http://www.horkylaw.com> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com<mailto:ahorky@horkylaw.com>. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

L

lesstevens

Mon, Aug 17, 2015 6:00 PM

The Association my want to restrict approval of the Lease to that specific tenant so that it doesn’t become a rotating occupancy just because it is the name of an entity.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net

OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, August 17, 2015 1:49 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
V-card http://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, August 17, 2015 1:27 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] corp lessee for residential unit

Hello all.

I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases.

I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation?

Thank you for any insight you can provide.

Regards,

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: mailto:ahorky@horkylaw.com ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

The Association my want to restrict approval of the Lease to that specific tenant so that it doesn’t become a rotating occupancy just because it is the name of an entity. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net ________________________________________________________________________________________ OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, August 17, 2015 1:49 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms _____ Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com V-card <http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. _____ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Monday, August 17, 2015 1:27 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] corp lessee for residential unit Hello all. I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases. I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation? Thank you for any insight you can provide. Regards, AJH Logo mark Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: <mailto:ahorky@horkylaw.com> ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

MF

Manuel Farach

Mon, Aug 17, 2015 6:13 PM

Another good point by Les

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Monday, August 17, 2015 2:00 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

The Association my want to restrict approval of the Lease to that specific tenant so that it doesn’t become a rotating occupancy just because it is the name of an entity.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net mailto:lesstevens@earthlink.net

OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, August 17, 2015 1:49 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms

[cid:image001.gif@01D0D8F6.EE8A4D60]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com mailto:MFarach@richmangreer.com
V-cardhttp://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com http://www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, August 17, 2015 1:27 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] corp lessee for residential unit

Hello all.

I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases.

I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation?

Thank you for any insight you can provide.

Regards,

[AJH Logo mark]

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.com http://www.horkylaw.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com mailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

Another good point by Les From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens Sent: Monday, August 17, 2015 2:00 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] corp lessee for residential unit The Association my want to restrict approval of the Lease to that specific tenant so that it doesn’t become a rotating occupancy just because it is the name of an entity. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net<mailto:lesstevens@earthlink.net> ________________________________________________________________________________________ OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, August 17, 2015 1:49 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms ________________________________ [cid:image001.gif@01D0D8F6.EE8A4D60] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com<mailto:MFarach@richmangreer.com> V-card<http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com<http://www.RichmanGreer.com> U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Monday, August 17, 2015 1:27 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] corp lessee for residential unit Hello all. I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases. I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation? Thank you for any insight you can provide. Regards, [AJH Logo mark] Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com<http://www.horkylaw.com> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com<mailto:ahorky@horkylaw.com>. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

RW

Roland Waller

Mon, Aug 17, 2015 6:44 PM

Have a ethics question. I have a client who has requested that I review a lease for my client and his partner. He does not want me to be disqualified from representing him if he has problems with his partner in the future. Can I prepare an engagement letter which states my representation of the two is only for the purpose of reviewing the lease and I represent my client in all other matters in the partnership?

Will that keep me from being disqualified from representing my client in the event of litigation between the two partners? Does anyone have any suggestion on how to handle this so I am not disqualified?

Thank You,
Roland "Chip" Waller, Esquire
Waller & Mitchell
5332 Main Street
New Port Richey, FL 34652
Office: 727-847-2288 / Fax: 727-848-4183
Roland.Waller@rdwaller.com

[cid:image001.jpg@01D0D8FB.27A155E0]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, August 17, 2015 1:49 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms

[cid:image005.gif@01D0D8FA.FC24FB10]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com mailto:MFarach@richmangreer.com
V-cardhttp://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com http://www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, August 17, 2015 1:27 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] corp lessee for residential unit

Hello all.

I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases.

I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation?

Thank you for any insight you can provide.

Regards,

[AJH Logo mark]

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com http://www.horkylaw.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com mailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

Have a ethics question. I have a client who has requested that I review a lease for my client and his partner. He does not want me to be disqualified from representing him if he has problems with his partner in the future. Can I prepare an engagement letter which states my representation of the two is only for the purpose of reviewing the lease and I represent my client in all other matters in the partnership? Will that keep me from being disqualified from representing my client in the event of litigation between the two partners? Does anyone have any suggestion on how to handle this so I am not disqualified? Thank You, Roland "Chip" Waller, Esquire Waller & Mitchell 5332 Main Street New Port Richey, FL 34652 Office: 727-847-2288 / Fax: 727-848-4183 Roland.Waller@rdwaller.com [cid:image001.jpg@01D0D8FB.27A155E0] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, August 17, 2015 1:49 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms ________________________________ [cid:image005.gif@01D0D8FA.FC24FB10] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com<mailto:MFarach@richmangreer.com> V-card<http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com<http://www.RichmanGreer.com> U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Monday, August 17, 2015 1:27 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] corp lessee for residential unit Hello all. I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases. I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation? Thank you for any insight you can provide. Regards, [AJH Logo mark] Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com<http://www.horkylaw.com> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com<mailto:ahorky@horkylaw.com>. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

MF

Manuel Farach

Mon, Aug 17, 2015 6:56 PM

That’s a tough one. I suggest you enter into a written engagement agreement with your client and his partner which states that you have represented your client in the past and intend to represent your client in the future, that you are representing the two of them only for the purpose of this one particular venture, that you have not gotten and you will receive any confidential or proprietary information of the non-client. Even with all of that, I still don’t think you will be able to represent your client in a direct action against the non-client arising out of the joint representation.
The only other way to do that is to represent your client in this transaction and let the non-client know you are representing the client throughout the transaction and have the non-client sign a letter stating you are not representing him/her (the non-client). This is awkward at best, but highlights the issue

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller
Sent: Monday, August 17, 2015 2:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Have a ethics question. I have a client who has requested that I review a lease for my client and his partner. He does not want me to be disqualified from representing him if he has problems with his partner in the future. Can I prepare an engagement letter which states my representation of the two is only for the purpose of reviewing the lease and I represent my client in all other matters in the partnership?

Will that keep me from being disqualified from representing my client in the event of litigation between the two partners? Does anyone have any suggestion on how to handle this so I am not disqualified?

Thank You,
Roland "Chip" Waller, Esquire
Waller & Mitchell
5332 Main Street
New Port Richey, FL 34652
Office: 727-847-2288 / Fax: 727-848-4183
Roland.Waller@rdwaller.com mailto:Roland.Waller@rdwaller.com

[cid:image001.jpg@01D0D8FC.E92D4240]

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, August 17, 2015 1:49 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms

[cid:image002.gif@01D0D8FC.E92D4240]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com mailto:MFarach@richmangreer.com
V-cardhttp://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com http://www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, August 17, 2015 1:27 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] corp lessee for residential unit

Hello all.

I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases.

I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation?

Thank you for any insight you can provide.

Regards,

[AJH Logo mark]

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com http://www.horkylaw.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com mailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

That’s a tough one. I suggest you enter into a written engagement agreement with your client and his partner which states that you have represented your client in the past and intend to represent your client in the future, that you are representing the two of them only for the purpose of this one particular venture, that you have not gotten and you will receive any confidential or proprietary information of the non-client. Even with all of that, I still don’t think you will be able to represent your client in a direct action against the non-client arising out of the joint representation. The only other way to do that is to represent your client in this transaction and let the non-client know you are representing the client throughout the transaction and have the non-client sign a letter stating you are not representing him/her (the non-client). This is awkward at best, but highlights the issue From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller Sent: Monday, August 17, 2015 2:44 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit Have a ethics question. I have a client who has requested that I review a lease for my client and his partner. He does not want me to be disqualified from representing him if he has problems with his partner in the future. Can I prepare an engagement letter which states my representation of the two is only for the purpose of reviewing the lease and I represent my client in all other matters in the partnership? Will that keep me from being disqualified from representing my client in the event of litigation between the two partners? Does anyone have any suggestion on how to handle this so I am not disqualified? Thank You, Roland "Chip" Waller, Esquire Waller & Mitchell 5332 Main Street New Port Richey, FL 34652 Office: 727-847-2288 / Fax: 727-848-4183 Roland.Waller@rdwaller.com<mailto:Roland.Waller@rdwaller.com> [cid:image001.jpg@01D0D8FC.E92D4240] From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, August 17, 2015 1:49 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms ________________________________ [cid:image002.gif@01D0D8FC.E92D4240] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com<mailto:MFarach@richmangreer.com> V-card<http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com<http://www.RichmanGreer.com> U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Monday, August 17, 2015 1:27 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] corp lessee for residential unit Hello all. I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases. I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation? Thank you for any insight you can provide. Regards, [AJH Logo mark] Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com<http://www.horkylaw.com> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com<mailto:ahorky@horkylaw.com>. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

L

lesstevens

Mon, Aug 17, 2015 7:11 PM

I just had a similar situation (about ½ an hour ago, as a matter of fact) wherein a client had contracted with a builder to build a house (about 2 weeks ago)..and then the builder (last week) approached him to do a joint venture to build another spec house…..I begged off the JV deal altogether, wanting to only represent my client in the building of his own house in order to avoid the potential conflict down the road which would cause me to have to recuse myself from representing either party in case anything could be construed as doing work for the JV. The client wasn’t happy but even the potential of a conflict of interest had me beg off the additional work.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, August 17, 2015 2:57 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

That’s a tough one. I suggest you enter into a written engagement agreement with your client and his partner which states that you have represented your client in the past and intend to represent your client in the future, that you are representing the two of them only for the purpose of this one particular venture, that you have not gotten and you will receive any confidential or proprietary information of the non-client. Even with all of that, I still don’t think you will be able to represent your client in a direct action against the non-client arising out of the joint representation.

The only other way to do that is to represent your client in this transaction and let the non-client know you are representing the client throughout the transaction and have the non-client sign a letter stating you are not representing him/her (the non-client). This is awkward at best, but highlights the issue

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller
Sent: Monday, August 17, 2015 2:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Have a ethics question. I have a client who has requested that I review a lease for my client and his partner. He does not want me to be disqualified from representing him if he has problems with his partner in the future. Can I prepare an engagement letter which states my representation of the two is only for the purpose of reviewing the lease and I represent my client in all other matters in the partnership?

Will that keep me from being disqualified from representing my client in the event of litigation between the two partners? Does anyone have any suggestion on how to handle this so I am not disqualified?

Thank You,

Roland "Chip" Waller, Esquire

Waller & Mitchell

5332 Main Street

New Port Richey, FL 34652

Office: 727-847-2288 / Fax: 727-848-4183

Roland.Waller@rdwaller.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, August 17, 2015 1:49 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
V-card http://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, August 17, 2015 1:27 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] corp lessee for residential unit

Hello all.

I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases.

I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation?

Thank you for any insight you can provide.

Regards,

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: mailto:ahorky@horkylaw.com ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

I just had a similar situation (about ½ an hour ago, as a matter of fact) wherein a client had contracted with a builder to build a house (about 2 weeks ago)..and then the builder (last week) approached him to do a joint venture to build another spec house…..I begged off the JV deal altogether, wanting to only represent my client in the building of his own house in order to avoid the potential conflict down the road which would cause me to have to recuse myself from representing either party in case anything could be construed as doing work for the JV. The client wasn’t happy but even the potential of a conflict of interest had me beg off the additional work. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, August 17, 2015 2:57 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit That’s a tough one. I suggest you enter into a written engagement agreement with your client and his partner which states that you have represented your client in the past and intend to represent your client in the future, that you are representing the two of them only for the purpose of this one particular venture, that you have not gotten and you will receive any confidential or proprietary information of the non-client. Even with all of that, I still don’t think you will be able to represent your client in a direct action against the non-client arising out of the joint representation. The only other way to do that is to represent your client in this transaction and let the non-client know you are representing the client throughout the transaction and have the non-client sign a letter stating you are not representing him/her (the non-client). This is awkward at best, but highlights the issue From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller Sent: Monday, August 17, 2015 2:44 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit Have a ethics question. I have a client who has requested that I review a lease for my client and his partner. He does not want me to be disqualified from representing him if he has problems with his partner in the future. Can I prepare an engagement letter which states my representation of the two is only for the purpose of reviewing the lease and I represent my client in all other matters in the partnership? Will that keep me from being disqualified from representing my client in the event of litigation between the two partners? Does anyone have any suggestion on how to handle this so I am not disqualified? Thank You, Roland "Chip" Waller, Esquire Waller & Mitchell 5332 Main Street New Port Richey, FL 34652 Office: 727-847-2288 / Fax: 727-848-4183 Roland.Waller@rdwaller.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, August 17, 2015 1:49 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms _____ Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com V-card <http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. _____ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Monday, August 17, 2015 1:27 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] corp lessee for residential unit Hello all. I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases. I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation? Thank you for any insight you can provide. Regards, AJH Logo mark Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: <mailto:ahorky@horkylaw.com> ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

MF

Manuel Farach

Mon, Aug 17, 2015 7:22 PM

There is no easy answer to these question, and it doesn’t help that clients don’t understand the concept of a “conflict” and why we, as lawyers, can’t represent all sides of a deal. How many times have we heard the words: “What are you talking about? There’s no conflict; he’s my long-time partner/best friend/best man at my wedding/employee/priest/soul-mate [insert various descriptions you have heard]”

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Monday, August 17, 2015 3:11 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

I just had a similar situation (about ½ an hour ago, as a matter of fact) wherein a client had contracted with a builder to build a house (about 2 weeks ago)..and then the builder (last week) approached him to do a joint venture to build another spec house…..I begged off the JV deal altogether, wanting to only represent my client in the building of his own house in order to avoid the potential conflict down the road which would cause me to have to recuse myself from representing either party in case anything could be construed as doing work for the JV. The client wasn’t happy but even the potential of a conflict of interest had me beg off the additional work.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, August 17, 2015 2:57 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

That’s a tough one. I suggest you enter into a written engagement agreement with your client and his partner which states that you have represented your client in the past and intend to represent your client in the future, that you are representing the two of them only for the purpose of this one particular venture, that you have not gotten and you will receive any confidential or proprietary information of the non-client. Even with all of that, I still don’t think you will be able to represent your client in a direct action against the non-client arising out of the joint representation.
The only other way to do that is to represent your client in this transaction and let the non-client know you are representing the client throughout the transaction and have the non-client sign a letter stating you are not representing him/her (the non-client). This is awkward at best, but highlights the issue

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller
Sent: Monday, August 17, 2015 2:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Have a ethics question. I have a client who has requested that I review a lease for my client and his partner. He does not want me to be disqualified from representing him if he has problems with his partner in the future. Can I prepare an engagement letter which states my representation of the two is only for the purpose of reviewing the lease and I represent my client in all other matters in the partnership?

Will that keep me from being disqualified from representing my client in the event of litigation between the two partners? Does anyone have any suggestion on how to handle this so I am not disqualified?

Thank You,
Roland "Chip" Waller, Esquire
Waller & Mitchell
5332 Main Street
New Port Richey, FL 34652
Office: 727-847-2288 / Fax: 727-848-4183
Roland.Waller@rdwaller.com mailto:Roland.Waller@rdwaller.com

[cid:image001.jpg@01D0D900.9626B190]

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, August 17, 2015 1:49 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms

[cid:image002.gif@01D0D900.9626B190]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com mailto:MFarach@richmangreer.com
V-cardhttp://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com http://www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, August 17, 2015 1:27 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] corp lessee for residential unit

Hello all.

I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases.

I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation?

Thank you for any insight you can provide.

Regards,

[AJH Logo mark]

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.com http://www.horkylaw.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com mailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

There is no easy answer to these question, and it doesn’t help that clients don’t understand the concept of a “conflict” and why we, as lawyers, can’t represent all sides of a deal. How many times have we heard the words: “What are you talking about? There’s no conflict; he’s my long-time partner/best friend/best man at my wedding/employee/priest/soul-mate [insert various descriptions you have heard]” From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of lesstevens Sent: Monday, August 17, 2015 3:11 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] corp lessee for residential unit I just had a similar situation (about ½ an hour ago, as a matter of fact) wherein a client had contracted with a builder to build a house (about 2 weeks ago)..and then the builder (last week) approached him to do a joint venture to build another spec house…..I begged off the JV deal altogether, wanting to only represent my client in the building of his own house in order to avoid the potential conflict down the road which would cause me to have to recuse myself from representing either party in case anything could be construed as doing work for the JV. The client wasn’t happy but even the potential of a conflict of interest had me beg off the additional work. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, August 17, 2015 2:57 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit That’s a tough one. I suggest you enter into a written engagement agreement with your client and his partner which states that you have represented your client in the past and intend to represent your client in the future, that you are representing the two of them only for the purpose of this one particular venture, that you have not gotten and you will receive any confidential or proprietary information of the non-client. Even with all of that, I still don’t think you will be able to represent your client in a direct action against the non-client arising out of the joint representation. The only other way to do that is to represent your client in this transaction and let the non-client know you are representing the client throughout the transaction and have the non-client sign a letter stating you are not representing him/her (the non-client). This is awkward at best, but highlights the issue From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller Sent: Monday, August 17, 2015 2:44 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit Have a ethics question. I have a client who has requested that I review a lease for my client and his partner. He does not want me to be disqualified from representing him if he has problems with his partner in the future. Can I prepare an engagement letter which states my representation of the two is only for the purpose of reviewing the lease and I represent my client in all other matters in the partnership? Will that keep me from being disqualified from representing my client in the event of litigation between the two partners? Does anyone have any suggestion on how to handle this so I am not disqualified? Thank You, Roland "Chip" Waller, Esquire Waller & Mitchell 5332 Main Street New Port Richey, FL 34652 Office: 727-847-2288 / Fax: 727-848-4183 Roland.Waller@rdwaller.com<mailto:Roland.Waller@rdwaller.com> [cid:image001.jpg@01D0D900.9626B190] From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, August 17, 2015 1:49 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms ________________________________ [cid:image002.gif@01D0D900.9626B190] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com<mailto:MFarach@richmangreer.com> V-card<http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com<http://www.RichmanGreer.com> U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Monday, August 17, 2015 1:27 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] corp lessee for residential unit Hello all. I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases. I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation? Thank you for any insight you can provide. Regards, [AJH Logo mark] Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com<http://www.horkylaw.com> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com<mailto:ahorky@horkylaw.com>. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

AJ

Anthony J. Horky

Tue, Aug 18, 2015 2:02 PM

Thank you Less and Manuel. I see this situation to be problematic. If the LLC is the “lessee” and even if the employee agrees to a subtenancy, what happens if the employment relationship ends mid-term and the ex-employee refuses to leave? Who does the eviction and on what grounds? Does the lessee do the eviction? Perhaps the lease needs to contain a provision addressing this situation where if the employment relationship ends so does the subtenancy, and a failure to vacate within ___ days constitutes a non-monetary default. Will such a provision run contrary to the FRLTA? Does FRLTA apply when the “lessee” is a business entity? I’m all for drafting a unique lease but for the landlord who owns this single family home within an HOA this might be a headache not worth creating or it might go smoothly.

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: mailto:ahorky@horkylaw.com ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, August 17, 2015 1:49 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
V-card http://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, August 17, 2015 1:27 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] corp lessee for residential unit

Hello all.

I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases.

I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation?

Thank you for any insight you can provide.

Regards,

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: mailto:ahorky@horkylaw.com ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

Thank you Less and Manuel. I see this situation to be problematic. If the LLC is the “lessee” and even if the employee agrees to a subtenancy, what happens if the employment relationship ends mid-term and the ex-employee refuses to leave? Who does the eviction and on what grounds? Does the lessee do the eviction? Perhaps the lease needs to contain a provision addressing this situation where if the employment relationship ends so does the subtenancy, and a failure to vacate within ___ days constitutes a non-monetary default. Will such a provision run contrary to the FRLTA? Does FRLTA apply when the “lessee” is a business entity? I’m all for drafting a unique lease but for the landlord who owns this single family home within an HOA this might be a headache not worth creating or it might go smoothly. AJH Logo mark Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: <mailto:ahorky@horkylaw.com> ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, August 17, 2015 1:49 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms _____ Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com V-card <http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. _____ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Monday, August 17, 2015 1:27 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] corp lessee for residential unit Hello all. I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases. I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation? Thank you for any insight you can provide. Regards, AJH Logo mark Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: <mailto:ahorky@horkylaw.com> ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

MF

Manuel Farach

Tue, Aug 18, 2015 2:18 PM

Agreed it is problematic. Your best bet is to get the tenant onto the lease recognizing his/her rights are derivative of the employer’s tenancy. The employer is looking for trouble if it doesn’t get the tenant to sign a lease, because getting the tenant out if the employee is fired is highly problematic. What I have done in that situation is have the employee sign a lease saying it was terminable at will by either party, much like a month to month lease.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, August 18, 2015 10:02 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Thank you Less and Manuel. I see this situation to be problematic. If the LLC is the “lessee” and even if the employee agrees to a subtenancy, what happens if the employment relationship ends mid-term and the ex-employee refuses to leave? Who does the eviction and on what grounds? Does the lessee do the eviction? Perhaps the lease needs to contain a provision addressing this situation where if the employment relationship ends so does the subtenancy, and a failure to vacate within ___ days constitutes a non-monetary default. Will such a provision run contrary to the FRLTA? Does FRLTA apply when the “lessee” is a business entity? I’m all for drafting a unique lease but for the landlord who owns this single family home within an HOA this might be a headache not worth creating or it might go smoothly.

[AJH Logo mark]

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com http://www.horkylaw.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com mailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, August 17, 2015 1:49 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms

[cid:image004.gif@01D0D99F.34EE3C00]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com mailto:MFarach@richmangreer.com
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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, August 17, 2015 1:27 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] corp lessee for residential unit

Hello all.

I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases.

I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation?

Thank you for any insight you can provide.

Regards,

[AJH Logo mark]

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com http://www.horkylaw.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com mailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

Agreed it is problematic. Your best bet is to get the tenant onto the lease recognizing his/her rights are derivative of the employer’s tenancy. The employer is looking for trouble if it doesn’t get the tenant to sign a lease, because getting the tenant out if the employee is fired is highly problematic. What I have done in that situation is have the employee sign a lease saying it was terminable at will by either party, much like a month to month lease. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Tuesday, August 18, 2015 10:02 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] corp lessee for residential unit Thank you Less and Manuel. I see this situation to be problematic. If the LLC is the “lessee” and even if the employee agrees to a subtenancy, what happens if the employment relationship ends mid-term and the ex-employee refuses to leave? Who does the eviction and on what grounds? Does the lessee do the eviction? Perhaps the lease needs to contain a provision addressing this situation where if the employment relationship ends so does the subtenancy, and a failure to vacate within ___ days constitutes a non-monetary default. Will such a provision run contrary to the FRLTA? Does FRLTA apply when the “lessee” is a business entity? I’m all for drafting a unique lease but for the landlord who owns this single family home within an HOA this might be a headache not worth creating or it might go smoothly. [AJH Logo mark] Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com<http://www.horkylaw.com> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com<mailto:ahorky@horkylaw.com>. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, August 17, 2015 1:49 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] corp lessee for residential unit Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms ________________________________ [cid:image004.gif@01D0D99F.34EE3C00] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com<mailto:MFarach@richmangreer.com> V-card<http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com<http://www.RichmanGreer.com> U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Monday, August 17, 2015 1:27 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] corp lessee for residential unit Hello all. I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home. The HOA has no restrictions on corporate leases. I’ve not dealt with this scenario before. Is there a particular addendum or different type of lease that must be used in this situation? Thank you for any insight you can provide. Regards, [AJH Logo mark] Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com<http://www.horkylaw.com> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com<mailto:ahorky@horkylaw.com>. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

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[RPPTL LandTen] corp lessee for residential unit