[RPPTL LandTen] N-1003 - Landlord Tenant Committee: Re: commercial Landlord or Tenant question

Mon Apr 18 08:27:53 PDT 2011

Does the lease contain a broad "default obligation" clause?

Typically  Landlord is responsible for the following and the balance is
tenants including without limitation the following or vice versa.

This email message was sent by:
_______________________________
Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial:  (561) 999-0090
Main Number:  (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet at granetlaw.com

NOTICE:  IRS Circular 230 Disclosure:  In order to ensure compliance
with IRS Circular 230, we must inform you that any U.S. tax advice
contained in this transmission and any attachments hereto is not
intended or written to be used and may not be used by any person for the
purpose of (i) avoiding any penalty that may be imposed by the Internal
Revenue Code or (ii) promoting, marketing or recommending to another
party any tax-related matter(s) addressed herein.

NOTICE: This communication is: (a) sent by an attorney or his/her agent,
(b) confidential, and (c) intended only for the use of the individual or
entity to which it is addressed. If the addressee is a client, this
communication is also subject to applicable privileges. If you are not
the addressee, or the employee or agent responsible for the delivery to
the addressee, any dissemination, distribution or copying of this
communication is prohibited. If you received this communication in
error: (a) any dissemination, distribution or copying is prohibited, and
(b) Lloyd Granet, P.A. requests that you immediately notify us at (561)
999-9300 (collect) and destroy this communication. Thank you.

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David
Weisman
Sent: Monday, April 18, 2011 11:19 AM
To: RPPTL Landlord Tenant Committee
Subject: N-1003 - Landlord Tenant Committee: Re: [RPPTL LandTen]
commercial Landlord or Tenant question

The last sentence specifically deals with the HVAC system and it does
not contain the word "replace". 

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

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J.
Horky
Sent: Monday, April 18, 2011 11:12 AM
To: Landlord/Tenant Committee (landten at lists.flabarrpptl.org)
Subject: [RPPTL LandTen] commercial Landlord or Tenant question

Does anyone have an opinion on the following fact scenario and lease
provision:

Air conditioners for premises must be replaced and the question is who
will be responsible for the replacement.

Commercial triple net lease states:

Tenant agrees that it will, at its own expense, maintain and repair the
Premises and all exposed fixtures and appurtenances therein and all
fixtures and appurtenances installed by Tenant, together with any damage
caused to any other fixtures or appurtenances caused by the negligence
of Tenant or its agents or guests.  Such repairs and/or replacements
shall be in quality and class at least equal to the original work and
shall be performed at such times and in such manner so as to cause the
least interference with the operation of the remainder of the Property.
The Landlord shall maintain and make necessary repairs and replacements
to the exterior and structural portion of the Premises.  Tenant shall be
responsible at its sole cost and expense for maintenance and repair of
the heating, ventilation, and air conditioning systems related to the
Premises.

Your thoughts and opinions are appreciated.  Thank you.  

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

Facsimile:  954.467.2210

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

Website: www.mbhlawyer.com <http://www.mbhlawyer.com/> 

CONFIDENTIALITY NOTICE: Unless otherwise stated, the information in this
email transmission is privileged and confidential.  If you are not the
intended recipient, nor the employee or agent responsible for delivering
it to the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including any
attachments) is strictly prohibited.  If you have received this email in
error, please notify the sender by email reply.  Thank you.

Internal Revenue Service regulations require that certain types of
written advice include a disclaimer. To the extent the preceding message
contains advice relating to a Federal tax issue, unless expressly stated
otherwise the advice is not intended or written to be used, and it
cannot be used by the recipient or any other taxpayer, for the purpose
of avoiding Federal tax penalties, and was not written to support the
promotion or marketing of any transaction or matter discussed herein.

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury
Department Regulations, we are now required to advise you that, unless
otherwise expressly indicated, any federal tax advice expressed above
was neither written nor intended by the sender or this firm to be used
and cannot be used by any taxpayer for the purpose of avoiding penalties
that may be imposed under U.S. tax law.  If any person uses or refers to
any such tax advice in promoting, marketing or recommending a
partnership or other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have been written to
support the promotion or marketing by a person other than the sender or
this firm of that transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances from an
independent tax advisor.

The information contained in this transmission may be attorney/client
privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not
the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If
you have
received this communication in error, please notify us immediately by
reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any
federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not intended
or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding
any tax penalties that may be imposed by the Internal Revenue Service or
any other U.S. Federal taxing authority or agency or (ii) promoting,
marketing or recommending to another party any transaction or matter
addressed herein.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/mailman/private/landten/attachments/20110418/3d4498f5/attachment-0001.html 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: image/jpeg
Size: 7281 bytes
Desc: image001.jpg
Url : http://mailman.fsr.com/mailman/private/landten/attachments/20110418/3d4498f5/attachment-0001.jpe 