[RPPTL LandTen] Pro-Art Dental Lab Case

Tue Jul 29 05:40:32 PDT 2008

I was counsel in this case and I don't see it that way.  There were a
variety of peculiar unique problems in this case but speaking generally, I
think all the Court was recognizing was that the summary procedure gives you
the accelerated time table but does not otherwise change the rules of civil
procedure.  

Jacobs / Offir, P.L.
Eric Jacobs, J.D., M.B.A.
Managing Partner
Board Certified - Real Estate

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Tuesday, July 29, 2008 8:37 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Pro-Art Dental Lab Case

Perhaps this case deserves further attention and discussion.  Since the
Court is saying that motion practice is permitted in cases governed by
summary procedure and defaults can't be entered if any motion is filed, is
there now too great an opportunity for tenants to delay eviction in
contravention of the policy behind summary procedure?   Does the rent
deposit requirement overcome this potential for abuse?  What about a tenant
who holds over in a situation where the landlord has immediate need for the
space (because of a lease to a succeeding tenant or a redevelopment of the
property)?

Arthur J. Menor 
Partner  

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