Empathy List Archives

SF

Scott Frank

Mon, Feb 25, 2019 2:07 AM

All:

I know I had seen (a while ago) some case law regarding a commercial tenant that exercised its extension option after the deadline, but the lease had no “time is of the essence” language. If I recall, the tenant was allowed to exercise the option late.

But, to be honest, I may be mixing this up with Massachusetts law. So if any of you know what I am talking about, any assistance/direction would be greatly appreciated.

Thanks.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

3201 W. Commercial Boulevard, Suite 218

Fort Lauderdale, Florida 33309

p: (561) 826-5400

f: (561) 423-5721

sfrank@saflaw.com mailto:sfrank@saflaw.com

If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.

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

All: I know I had seen (a while ago) some case law regarding a commercial tenant that exercised its extension option after the deadline, but the lease had no “time is of the essence” language. If I recall, the tenant was allowed to exercise the option late. But, to be honest, I may be mixing this up with Massachusetts law. So if any of you know what I am talking about, any assistance/direction would be greatly appreciated. Thanks. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 3201 W. Commercial Boulevard, Suite 218 Fort Lauderdale, Florida 33309 p: (561) 826-5400 f: (561) 423-5721 sfrank@saflaw.com <mailto:sfrank@saflaw.com> If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

NB

Neil B. Shoter

Mon, Feb 25, 2019 2:54 PM

Scott, you are in luck today, although my file on these cases is more than 15 years old, take a look at these cases as a start (yes, the courts have forgiven Tenant’s late sending on renewal options under certain situations where equity was found to relieve the tenant from its tardiness):

Investment Builders of Florida Inc. v. S.U.S. Food Market Investments 753 So. 2d (Fla 4th DCa 2000)
Friendship Park Property Corp. v. Shaw 505 So. 2d 456 (Fla 1st DCA 1987)

Neil

[Shutts_Logo.jpg]

Neil B. Shoter
Partner

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biography http://www.shutts.com/lawyer/neil-b-shoter | V-Cardhttp://www.shutts.com/index.php?vcard&id=1170 | Websitehttp://www.shutts.com

Please consider the environment before printing this email

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott Frank
Sent: Sunday, February 24, 2019 9:08 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Commercial Lease Extension

EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.

All:

I know I had seen (a while ago) some case law regarding a commercial tenant that exercised its extension option after the deadline, but the lease had no “time is of the essence” language. If I recall, the tenant was allowed to exercise the option late.

But, to be honest, I may be mixing this up with Massachusetts law. So if any of you know what I am talking about, any assistance/direction would be greatly appreciated.

Thanks.

Scott A. Frank
Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.
3201 W. Commercial Boulevard, Suite 218
Fort Lauderdale, Florida 33309
p: (561) 826-5400
f: (561) 423-5721
sfrank@saflaw.com mailto:sfrank@saflaw.com

If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.

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

Scott, you are in luck today, although my file on these cases is more than 15 years old, take a look at these cases as a start (yes, the courts have forgiven Tenant’s late sending on renewal options under certain situations where equity was found to relieve the tenant from its tardiness): Investment Builders of Florida Inc. v. S.U.S. Food Market Investments 753 So. 2d (Fla 4th DCa 2000) Friendship Park Property Corp. v. Shaw 505 So. 2d 456 (Fla 1st DCA 1987) Neil [Shutts_Logo.jpg] Neil B. Shoter Partner ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography <http://www.shutts.com/lawyer/neil-b-shoter> | V-Card<http://www.shutts.com/index.php?vcard&id=1170> | Website<http://www.shutts.com> Please consider the environment before printing this email From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott Frank Sent: Sunday, February 24, 2019 9:08 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Commercial Lease Extension EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe. All: I know I had seen (a while ago) some case law regarding a commercial tenant that exercised its extension option after the deadline, but the lease had no “time is of the essence” language. If I recall, the tenant was allowed to exercise the option late. But, to be honest, I may be mixing this up with Massachusetts law. So if any of you know what I am talking about, any assistance/direction would be greatly appreciated. Thanks. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 3201 W. Commercial Boulevard, Suite 218 Fort Lauderdale, Florida 33309 p: (561) 826-5400 f: (561) 423-5721 sfrank@saflaw.com<mailto:sfrank@saflaw.com> If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

SF

Scott Frank

Mon, Feb 25, 2019 3:27 PM

Thanks Neil! Good to know my mind has not completely slipped.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

3201 W. Commercial Boulevard, Suite 218

Fort Lauderdale, Florida 33309

p: (561) 826-5400

f: (561) 423-5721

sfrank@saflaw.com mailto:sfrank@saflaw.com

If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.

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

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Neil B. Shoter
Sent: Monday, February 25, 2019 9:55 AM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Commercial Lease Extension

Scott, you are in luck today, although my file on these cases is more than 15 years old, take a look at these cases as a start (yes, the courts have forgiven Tenant’s late sending on renewal options under certain situations where equity was found to relieve the tenant from its tardiness):

Investment Builders of Florida Inc. v. S.U.S. Food Market Investments 753 So. 2d (Fla 4th DCa 2000)

Friendship Park Property Corp. v. Shaw 505 So. 2d 456 (Fla 1st DCA 1987)

Neil

Neil B. Shoter
Partner

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
mailto:NShoter@shutts.com E-Mail | http://www.shutts.com/lawyer/neil-b-shoter Biography | http://www.shutts.com/index.php?vcard&id=1170 V-Card | http://www.shutts.com Website

Please consider the environment before printing this email

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott Frank
Sent: Sunday, February 24, 2019 9:08 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Commercial Lease Extension

EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.

All:

I know I had seen (a while ago) some case law regarding a commercial tenant that exercised its extension option after the deadline, but the lease had no “time is of the essence” language. If I recall, the tenant was allowed to exercise the option late.

But, to be honest, I may be mixing this up with Massachusetts law. So if any of you know what I am talking about, any assistance/direction would be greatly appreciated.

Thanks.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

3201 W. Commercial Boulevard, Suite 218

Fort Lauderdale, Florida 33309

p: (561) 826-5400

f: (561) 423-5721

sfrank@saflaw.com mailto:sfrank@saflaw.com

If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.

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

Thanks Neil! Good to know my mind has not completely slipped. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 3201 W. Commercial Boulevard, Suite 218 Fort Lauderdale, Florida 33309 p: (561) 826-5400 f: (561) 423-5721 sfrank@saflaw.com <mailto:sfrank@saflaw.com> If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Neil B. Shoter Sent: Monday, February 25, 2019 9:55 AM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Commercial Lease Extension Scott, you are in luck today, although my file on these cases is more than 15 years old, take a look at these cases as a start (yes, the courts have forgiven Tenant’s late sending on renewal options under certain situations where equity was found to relieve the tenant from its tardiness): Investment Builders of Florida Inc. v. S.U.S. Food Market Investments 753 So. 2d (Fla 4th DCa 2000) Friendship Park Property Corp. v. Shaw 505 So. 2d 456 (Fla 1st DCA 1987) Neil Neil B. Shoter Partner _____ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/lawyer/neil-b-shoter> Biography | <http://www.shutts.com/index.php?vcard&id=1170> V-Card | <http://www.shutts.com> Website Please consider the environment before printing this email From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott Frank Sent: Sunday, February 24, 2019 9:08 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Commercial Lease Extension EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe. All: I know I had seen (a while ago) some case law regarding a commercial tenant that exercised its extension option after the deadline, but the lease had no “time is of the essence” language. If I recall, the tenant was allowed to exercise the option late. But, to be honest, I may be mixing this up with Massachusetts law. So if any of you know what I am talking about, any assistance/direction would be greatly appreciated. Thanks. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 3201 W. Commercial Boulevard, Suite 218 Fort Lauderdale, Florida 33309 p: (561) 826-5400 f: (561) 423-5721 sfrank@saflaw.com <mailto:sfrank@saflaw.com> If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.