[RPPTL LandTen] Everglades Electric Supply v. Paraiso Granite Liens for Tenant Improvements

[George Pincus]

For those of you who have not yet seen or heard about this case, here is the 4th DCA's opinion on 713.10 lien exculpation.  Briefly stated, the Court held that a Landlord is only protected by a recorded blanket 713.10 notice where all the leases have the lien prohibition and the blanket notice contains the specific language in the Lease.  Where the language in the Leases is different from the language in the notice, the exculpatory effect of the notice is not effective.

I bump into this a lot when tenants comment on the 713.10 paragraph in my lease and try and make changes to it.  This case is why you say "no" to changes to that provision in the lease.


George A. Pincus, Esq.
Shareholder
Stearns Weaver Miller Weissler
  Alhadeff & Sitterson, P.A.
New River Center, Suite 2100
200 East Las Olas Boulevard
Ft. Lauderdale, FL 33301
Telephone: 954-766-9705
Facsimile:    954-766-9719
E-mail: gpincus at stearnsweaver.com<mailto:gpincus at swmwas.com>
www.stearnsweaver.com



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