[RPPTL LandTen] Interesting 3rd DCA Case on a Purchase Option in a Lease

Tue May 11 07:10:32 PDT 2010

There was an article about this case in the DRB this morning.  While more of an option enforceability case than a landlord/tenant one, the option contract was part of a lease transaction and I know I run into purchase options in leases all the time, so I thought it would be interesting for the group.

Essentially, the 3rd DCA overturned the trial court judge and made a de novo finding that there were sufficiently detailed material terms and conditions to create a binding purchase option.

George A. Pincus, Esq.
Shareholder
Stearns Weaver Miller Weissler
  Alhadeff & Sitterson, P.A.
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E-mail: gpincus at stearnsweaver.com<mailto:gpincus at swmwas.com>
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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 to applypost-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

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Hollywood, FL 33021

Phone: 954-962-3500

Fax:       954-962-3560

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

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