[RPPTL LandTen] N-1003 - Landlord Tenant Committee-Realtors Society: Everglades Electric Supply v. Paraiso Granite Liens for Tenant Improvements

[Lloyd Granet]

Does the opinion require that all leases at the center contain the
language, or just that the notice is not effective as to an individual
lease which does not contain the identical language?


What do you do when your client buys a center and you change the form
lease to your form, or if a national will not agree to insert the
language in its form? 


  

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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: N-1003 - Landlord Tenant Committee-Realtors Society:
[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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