[RPPTL LandTen] Do commercial lease terms continue toapplypost-expiration?

Mon May 10 14:41:41 PDT 2010

Some cases that might help:

Painter v. Town of Groveland, 79 So.2d 765 (Fla. 1575);

Mossler Acceptance Co. v. Martin, 322 F.2d 183 (5th Cir.)'

Raymond v Mann, 80 So.2d317 (Fla. 1955);

Wingert v. Prince, 123 So.2d 277 (Fla. 2d DCA 1969);

Gower-Goheen Realty, Inc. v. Braun, 215 ASo.2d 409 (Fla. 2d DCA 1968);

RH Holdings LTD v. Barturen, 6 Fla. Weekly Supp. 23 (1998)(attorneys fees provision in lease survived expiration of lease term for holdover tenant). 

Regards, 

Anthony J. Horky, Esq.

Mombach, Boyle & Hardin, P.A.

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Monday, May 10, 2010 5:03 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Do commercial lease terms continue toapplypost-expiration?

I haven't checked the annotations to §83.04 but that's my understanding

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Neil B. Shoter 
Partner / LEED Accredited Professional  

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	From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
	Sent: Monday, May 10, 2010 4:35 PM
	To: 'RPPTL Landlord Tenant Committee'
	Subject: [RPPTL LandTen] Do commercial lease terms continue to applypost-expiration?

	Any insight would be appreciated:

	I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply.  For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration.

	Is that correct? I can't seem to find any law on it.

	Jeffrey R. Mazor, Esq.

	J. R. Mazor & Associates, P.A.

	Presidential Circle Building 

	4000 Hollywood Blvd.,  Suite 265-s

	Hollywood, FL 33021

	Phone: 954-962-3500

	Fax:       954-962-3560

	Email:   Jmazor at Mazor.com <mailto:Jmazor at Mazor.com> 

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose 
of avoiding penalties that may be imposed under U.S. tax 
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any 
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a 
person other than the sender or this firm of that 
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
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