[RPPTL LandTen] FEDERAL LEASE

Thu Aug 4 17:33:53 PDT 2011

David, I believe the government is subject to state law with respect to premises/lease related occupancy issues. However you would have to check the appropriate venue for bringint the initial suit.  It may also be that claims under the lease are governed by the Contract Disputes Act and subject to the claims process of government contracts. Some of this depends on the actual lease and what it incorporates since GSA leases typically incorporate a boilerplate list of clauses, many of are the clauses we usually see in a lease as standard provisions.  It's been a long time since I reviewed this area, but I believe there are cases in this area.  Don't forget that sovereign immunity may not save the government from contract claims.  I'm glad to check my files

Neil

________________________________
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Thursday, August 04, 2011 7:15 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] FEDERAL LEASE

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

Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

Be a Star at Florida Realtors Convention & Trade Expo
http://convention.floridarealtors.org August 24-28

[cid:214392700 at 05082011-33C9]

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
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:214392700 at 05082011-33D0]

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.

</pre>IRS CIRCULAR 230 NOTICE:   Pursuant to recently enacted<br>U.S. Treasury Department Regulations, we are now required<br>to advise you that, unless otherwise expressly indicated,<br>any federal tax advice expressed above was neither<br>written nor intended by the sender or this firm to be<br>used and cannot be used by any taxpayer for the purpose <br>of avoiding penalties that may be imposed under U.S. tax <br>law.  If any person uses or refers to any such tax advice<br>in promoting, marketing or recommending a partnership or<br>other entity, investment plan or arrangement to any <br>taxpayer, then the advice should be considered to have<br>been written to support the promotion or marketing by a <br>person other than the sender or this firm of that <br>transaction or matter, and such taxpayer should seek<br>advice based on the taxpayer's particular circumstances<br>from an independent tax advisor.<br><br><br>The information in this email transmission is privileged<br>and confidential.  If you are not the intended recipient,<br>nor the employee or agent responsible for delivering it to<br>the intended recipient, you are hereby notified that any<br>dissemination or copying of this transmission (including<br>any attachments) is strictly prohibited.  If you have<br>received this email in error, please notify the sender by<br>email reply.  Thank you.<br><pre>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/mailman/private/landten/attachments/20110804/9c98d99a/attachment-0001.html 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 3508 bytes
Desc: image002.jpg
Url : http://mailman.fsr.com/mailman/private/landten/attachments/20110804/9c98d99a/attachment-0002.jpg 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 7281 bytes
Desc: image003.jpg
Url : http://mailman.fsr.com/mailman/private/landten/attachments/20110804/9c98d99a/attachment-0003.jpg 