[RPPTL LandTen] Question Needing Guidance

Mon Mar 14 14:10:33 PDT 2011

Agree with George.  Plus landlord shouldn't be allowed to trigger the
protective measures of an unamortized recovery since it is still getting
the full benefit of the bargain (assuming an assignment without
amendment of the financial terms).  Landlord would otherwise be
recovering more from this lease than the parties initially negotiated.

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney at slk-law.com
http://www.slk-law.com/
--------------------------------------------------------------------------
IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.
________________________________

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of George
Pincus
Sent: Monday, March 14, 2011 5:01 PM
To: 'lesstevens at earthlink.net'; 'RPPTL LandlordTenant Committee'
Subject: Re: [RPPTL LandTen] Question Needing Guidance

No as the leasehold estate remains intact by virtue of the assignment.
It would be pretty disingenuous of the Landlord to claim there is a
termination where at the same time the Landlord is saying go ahead and
transfer the leasehold estate I demised to you to the assignee.  It's
the same leasehold estate, just a new (and approved) tenant. 

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

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Monday, March 14, 2011 4:53 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Question Needing Guidance

I have a Lease which provides that if the Tenant vacates within the
first 10 years of the Lease it will re-pay to the Landlord the
unamortized Tenant Improvements.

The Tenant is selling its assets and assigning the Lease with Landlord's
approval.

Based upon these limited fact...is the assignment of the Lease a
"vacating" by the Tenant which would trigger the re-payment obligation?

Thanx for any input.

Les H. Stevens, Esquire

Les H. Stevens, P.A.

5301 North Federal Highway

Suite 130

Boca Raton, Florida 33487

Tel. - (561) 989-9797

Fax - (561) 989-8484

E-Mail - lesstevens at earthlink.net

________________________________________________________________________
______________________________________

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE
RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS
OFFICE IMMEDIATELY

________________________________

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/20110314/639a7f10/attachment-0001.html 