[RPPTL LandTen] N-1003 - Landlord Tenant Committee-RealtorsSociety: Everglades Electric Supply v. Paraiso Granite Liensfor Tenant Improvements

Thu Mar 4 07:26:32 PST 2010

One choice - record a notice of lease provisions for EVERY lease with
however that 713.10 language was altered. Yes yes, I realize no one
wants to do that for many reasons.

Maybe another choice - Make a notice and say in it, every lease in the
center contains at least one of each of the following versions of the
713.10 language (then quote all the various versions - yes this takes a
global lease review but a paralegal can make this a doable project for
each center).

I leave it to the drafter whether you IDENTIFY which tenant's lease
gives which version of the 713.10 language - with a worry you are
basically giving a memo of lease if you do that.

I've read that statute many times and have hoped for a long time that
the above notice works. If so it's not really a Memo of Lease esp. if no
tenant is mentioned specifically; it needs only LL signature to record
it; and you can periodically just record an update as leases are
negotiated.

Thoughts anyone?

Carlton Fields

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 From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Thursday, March 04, 2010 10:17 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant
Committee-RealtorsSociety: Everglades Electric Supply v. Paraiso Granite
Liensfor Tenant Improvements

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 

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        E-mail: gpincus at stearnsweaver.com <mailto:gpincus at swmwas.com> 

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