[RPPTL LandTen] Arbitration Clauses in Commercial Lease?

[Chuck Hoskin]

If you need to evict the tenant for non-payment of rent, the court process will be much faster.  The court procedure for eviction and defense is very well defined and the clerks and the judges are all familiar with it.  Therefore, I would leave the arbitration clause out.

Chuck H.


This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin at esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

Charles P. Hoskin
Direct Dial:  850-444-3881
Fax:  850-434-7163



________________________________
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of George Pincus
Sent: Thursday, January 20, 2011 10:59 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings.

The Lease has a pretty normal looking default and remedies clause.  It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration.

What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)?

Thanks for your comments.


George A. Pincus, Esq.
Stearns Weaver Miller Weissler
  Alhadeff & Sitterson, P.A.
New River Center, Suite 2100
200 East Las Olas Boulevard
Ft. Lauderdale, FL 33301
Telephone: 954-766-9705
Facsimile:    954-766-9719
E-mail: gpincus at stearnsweaver.com<mailto:gpincus at swmwas.com>
www.stearnsweaver.com



________________________________
CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you.

________________________________
CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/mailman/private/landten/attachments/20110120/7adec2e5/attachment-0001.html