[RPPTL LandTen] FEDERAL LEASE

[Greg Hass]

Wow, someone could probably write a law review article on this one!

Did the USA happen to point to any specific authority for their broad claim?  I've always been of the understanding that the Feds are only exempt from State law if they can point to a specific Federal law/rule that either specifically exempts them or conflicts with the State law (or if the State law in question specifically exempts the Feds).  For example, someone with a Florida CCW license can't carry concealed in the U.S. Post Office because there are federal laws/rules prohibiting it.  But then the mailman can't leave the post office and proceed to break the State of Florida's traffic laws by speeding around while delivering your mail because there's no exemption for them to do that.  I would challenge them to come up with a specific exemption - if they really are exempt I would think they could readily point to it.

But the next problem is that even if the Feds aren't exempt from the law, they could still raise the defense of sovereign immunity if you were to actually try to sue them for the money.   And then even if you could overcome that, they're broke! :)

Greg


Greg Hass, Senior Counsel

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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, August 04, 2011 3:26 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] FEDERAL LEASE

The USA has a lease as a tenant. The term expires. Landlord tries to claim holdover rent per statute. Lease is silent. USA says state law does not apply to us.

Anybody have any knowledge on this point?

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
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