[RPPTL LandTen] Question Needing Guidance

[lesstevens]

Thanx…that’s the way we were thinking.

 

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Haney, Gregory
Sent: Monday, March 14, 2011 5:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Question Needing Guidance

 

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/> www.slk-law.com 

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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

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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

 

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