[RPPTL LandTen] Question Needing Guidance

Mon Mar 14 14:23:07 PDT 2011

Thanx, Rick.We are waiting to see what the consent looks like

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Rick G. Emmanuel
Sent: Monday, March 14, 2011 5:19 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Question Needing Guidance

The landlord may want to make clear in the approved assignment/assumption
agreement that this provision remains in place and enforceable against the
assignee on any subsequent vacation, if any.

Rick

Patrick G. Emmanuel, Jr., Esq.

Board Certified Real Estate Lawyer

Emmanuel, Sheppard & Condon, P.A.

30 South Spring Street

Pensacola, FL  32502

Telephone: (850) 433-6581

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Haney, Gregory
Sent: Monday, March 14, 2011 4:11 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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