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

[Neil B. Shoter]

Thanks George. Please also note Michael Gelfand's comments attached.
 
 <http://www.shutts.com/shutts100.jpg> 	 Neil B. Shoter 
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________________________________

	From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of George
Pincus
	Sent: Thursday, March 04, 2010 9:53 AM
	To: RPPTL Landlord Tenant Committee
	Cc: 'eric.rapkin at akerman.com'
	Subject: [RPPTL LandTen] Everglades Electric Supply v. Paraiso
Granite Liens for Tenant Improvements
	
	

	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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