[RPPTL LandTen] Arbitration Clauses in Commercial Lease?

Thu Jan 20 13:02:58 PST 2011

Yes. When you represent the tenant.

David S. Drobner
Attorney At Law
Shareholder

Miami Tower
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Miami, Florida  33131-2114 

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       - Concentrating in commercial leasing

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Adrienne F. Promoff
Sent: Thursday, January 20, 2011 3:32 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

I agree. Is there ever a situation where arbitration is beneficial? 

ADRIENNE F. PROMOFF, P.A.
Museum Tower * Penthouse II
150 West Flagler Street, Suite 2950
Miami, Florida 33130
Tel: 305-374-0102
Fax: 305-692-3086
Email: apromoff at mindspring.com <mailto:apromoff at mindspring.com> 

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	-----Original Message----- 
	From: "Anthony J. Horky" 
	Sent: Jan 20, 2011 1:22 PM 
	To: RPPTL Landlord Tenant Committee 
	Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease? 

	From a LL and litigation standpoint, I would not agree to such a AAA provision.  Use the courts.  

	Regards, 

	Anthony J. Horky, Esq.

	Mombach, Boyle & Hardin, P.A.

	500 East Broward Boulevard

	Suite 1950 Broward Financial Centre

	Ft. Lauderdale, Florida 33394

	Telephone: 954.467.2200 ext. 225

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	E-Mail: ahorky at mbhlawyer.com <mailto:ahorky at mbhlawyer.com> 

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	From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
	Sent: Thursday, January 20, 2011 12:54 PM
	To: RPPTL Landlord Tenant Committee
	Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

	I agree - I think a mandatory binding arbitration clause would be a terrible idea from a commercial LL’s perspective where the T has possession and your goal is to get them evicted ASAP. 

	Greg Hass, Senior Counsel

	Office of Law & Policy | FloridaRealtors®
	7025 Augusta National Drive, Orlando, FL 32822
	talk: 407.438.1400, ext. 2421
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	The Voice for Real Estate® in Florida

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	From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Rick G. Emmanuel
	Sent: Thursday, January 20, 2011 12:43 PM
	To: 'RPPTL Landlord Tenant Committee'
	Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

	I agree.

	Rick

	Patrick G. Emmanuel, Jr., Esq.

	Board Certified Real Estate Lawyer

	Emmanuel, Sheppard & Condon, P.A.

	30 South Spring Street

	Pensacola, FL  32502

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	From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
	Sent: Thursday, January 20, 2011 11:09 AM
	To: RPPTL Landlord Tenant Committee
	Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

	Skip the AAA and go right to court.

	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

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	From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of George Pincus
	Sent: Thursday, January 20, 2011 11:59 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

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	E-mail: gpincus at stearnsweaver.com <mailto:gpincus at swmwas.com> 

	www.stearnsweaver.com

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