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

Tue May 11 07:18:30 PDT 2010

thanks George

 <http://www.shutts.com/shutts100.jpg> 	 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 George Pincus
	Sent: Tuesday, May 11, 2010 10:11 AM
	To: RPPTL Landlord Tenant Committee
	Subject: [RPPTL LandTen] Interesting 3rd DCA Case on a Purchase Option in aLease

	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

Neil B. Shoter 
Partner / LEED Accredited Professional  

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Shutts & Bowen LLP 
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail <mailto:NShoter at shutts.com>  | Biography <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | V-Card <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | Website <http://www.shutts.com/> 

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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> 

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