[RPPTL LandTen] N-1003 - Landlord Tenant Committee: Re: Proposed Revisions to Section 713.10, Florida Statutes
Lloyd Granet
lgranet at granetlaw.com
Wed Jun 2 07:04:00 PDT 2010
I agree that we need to create a mechanism to protect landlord from
tenant work.
I am confused by two things
1. It seems to me that with alternative 2 we are effectively
telling a contractor who does a search, that there may be a lien
prohibition in the lease and you have a duty of further inquiry, which
seems to defeat the purpose of doing the search.
2. I do not understand what happens if we use alternative 1 and a
future lease does not contain the prohibition. Is the protection lost
for the individual lease or for all leases?
While it may not be politically palatable, if you really want to make it
clear and simple provide that someone doing work on behalf of the Tenant
can not lien Landlord's interest unless Landlord signs the notice of
commencement or otherwise consents. This will force the issue up front
and everyone will understand the risks.
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
Sent: Wednesday, June 02, 2010 9:40 AM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub at becker-poliakoff.com; mjgelfand at gelfandarpe.com
Subject: N-1003 - Landlord Tenant Committee: Re: [RPPTL LandTen]
Proposed Revisions to Section 713.10,Florida Statutes
Alternative 1 essentially says that the notice will still be
effective to exculpate the landlord for liens even if all of the leases
do not contain the same exculpation language but do contain some form of
exculpation language. Alternative 2 essentially say the notice will
still be effective even if all of the leases do not contain the same
exculpation language so long as the lease in question contains that
language. I created alternative 2 because it seems to me that the basic
idea of the statute is that the landlord can avoid lien liability by
including an exculpation in a lease and recording notice of the
exculpation. I don't see why it should matter that every lease for the
property have the exact same exculpation language. The notice advises
lienors that they need to look to the tenant's interest only, it
shouldn't matter whether some leases don't have the same exculpatory
language or don't have any exculpatory language at all so long as the
lease for the premises which they are improving contains an exculpation.
The difference in exculpatory provisions or the absence of an
exculpatory provision could result from specific negotiations of
individual leases.
<http://www.shutts.com/shutts100.jpg> Arthur J. Menor
Partner
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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: Tuesday, June 01, 2010 3:31 PM
To: RPPTL Landlord Tenant Committee
Cc: mjgelfand at gelfandarpe.com;
lweintraub at becker-poliakoff.com
Subject: Re: [RPPTL LandTen] Proposed Revisions to
Section 713.10,Florida Statutes
Good work. I also like Alternate 1 but have this
suggestion:
The protections against liens afforded by this part
shall apply notwithstanding all leases do not contain the same language
prohibiting such liability, so long as they substantially express the
intention that the interest of the lessor shall not be subject to liens
for improvements made by the lessee.
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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 Arthur J.
Menor
Sent: Friday, May 28, 2010 12:12 PM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub at becker-poliakoff.com;
mjgelfand at gelfandarpe.com
Subject: [RPPTL LandTen] Proposed Revisions to
Section 713.10,Florida Statutes
Attached is my first draft (redlined to show
changes to current statute) of proposed statutory revisions to address
the Everglades Electric Supply, Inc. v. Paraiso Granite, LLC case (28
So.3d 235 (Fla. 4th DCA 2010).
<http://www.shutts.com/shutts100.jpg>
Arthur J. Menor
Partner
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1100 CityPlace Tower, 525 Okeechobee Boulevard |
West Palm Beach, FL 33401
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