[RPPTL LandTen] Question for my residential colleagues

Thu Jun 10 08:32:44 PDT 2010

I was wondering the same thing as Mr. Drobner.  If you take (in DIL)
subject to the terms of the lease, how can you evade the SD obligations
of the Landlord (assuming that grantor did not transfer the SD funds to
grantee)?

Thank you,                          P Think before you print.

Joseph N. Alexander

Potter, Clement, Lowry & Duncan

308 East Fifth Avenue

Mount Dora, Florida 32757

Phone:  352.383.4186

Fax:       352.383.0087

jnalexander at pcld-law.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Drobner,
David S.
Sent: Thursday, June 10, 2010 11:23 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Question for my residential colleagues

Why wouldn't the grantee be liable to fully perform under the Lease
contract he assumed, including return of moneys (deposit) at end of
term? He maybe then has a claim against the grantor for his loss in this
regard unless the conveyance included releases?  How can the grantee be
relieved of a contract obligation of performance?

________________________________

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David
Weisman
Sent: Thursday, June 10, 2010 11:09 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Question for my residential colleagues

I think that the Grantee is not responsible for money he does not
receive, either in cash or via a closing credit. The Tenant must look to
the prior owner. No difference if a deed in lieu.

David  Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Frank, Scott
A.
Sent: Thursday, June 10, 2010 10:37 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Question for my residential colleagues

Question for my residential colleagues from this commercial fool.

Grantor owns residential rental real estate with a security deposit and
conveys the property to grantee.  However, Grantor freely admits that it
no longer holds the security deposit (spent it) and will not provide for
a credit or other adjustment.  

83.49 provides only that the grantor in this situation is released from
liability only to the extent that it conveys the deposit - so they are
not off the hook.  But the statute does not reference what limitation,
if any, the grantee has with respect to liability for the deposit.  Is
the Grantee then liable for the security deposit to the tenant, if the
grantee did not in fact receive the deposit?

And would your opinion change if this was a deed in lieu, with the
possibility that the grantee may just foreclose anyway?

Your guidance and wisdom is much appreciated.

Thanks.

Scott A Frank
Attorney at Law
ARNSTEIN & LEHR LLP 

www.arnstein.com <http://www.arnstein.com/> 

515 North Flagler Drive 

Sixth Floor 

West Palm Beach, Florida 33401-4323

Phone: 561.833.9800 

Fax: 561.655.5551

433 Plaza Real
Suite 275
Boca Raton, Florida 33401-4323 
Phone: 561.962.4145
Fax: 561.962.4245 
SAFrank at arnstein.com <mailto:SAFrank at arnstein.com> 

Offices in Illinois, Florida, and Wisconsin 

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