[RPPTL LandTen] Lease Execution Question
Manuel Farach
MFarach at richmangreer.com
Tue Nov 15 11:53:37 PST 2011
>From the perspective of enforceability under Fla. Stat. 689.01, the answer is "no" because only the landlord is transferring an interest in real property. From the evidentiary perspective, i.e., will the tenant admit or deny it signed the lease, etc., you may want to (but that is your call)
Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
Richman Greer P.A.
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-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Tuesday, November 15, 2011 2:49 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Execution Question
No I have the lease signed by the landlord with witnesses and by tenant
without witnesses and the question is do I need to send it back out.
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
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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.
-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Tuesday, November 15, 2011 2:43 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Lease Execution Question
The easy way: Has the tenant taken possession?
If so, I can give you law that such partial performance estops the
tenant
from denying liability.
Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax: 954-962-3560
Email: JMazor at Mazor.com
-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, November 15, 2011 2:40 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Lease Execution Question
Please see question below.
________________________________
From: Lloyd Granet [mailto:lgranet at granetlaw.com]
Sent: Tuesday, November 15, 2011 2:23 PM
To: Neil B. Shoter
Subject:
Is anyone aware of any case law which supports the proposition
that
lack of witnesses for a tenant signature does not impact the
enforceability
of lease executed by a tenant.
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
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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.
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
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such
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-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Tuesday, November 15, 2011 2:49 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Execution Question
No I have the lease signed by the landlord with witnesses and by tenant
without witnesses and the question is do I need to send it back out.
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.
-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Tuesday, November 15, 2011 2:43 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Lease Execution Question
The easy way: Has the tenant taken possession?
If so, I can give you law that such partial performance estops the
tenant
from denying liability.
Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax: 954-962-3560
Email: JMazor at Mazor.com
-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, November 15, 2011 2:40 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Lease Execution Question
Please see question below.
________________________________
From: Lloyd Granet [mailto:lgranet at granetlaw.com]
Sent: Tuesday, November 15, 2011 2:23 PM
To: Neil B. Shoter
Subject:
Is anyone aware of any case law which supports the proposition
that
lack of witnesses for a tenant signature does not impact the
enforceability
of lease executed by a tenant.
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.
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 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.
_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
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