[RPPTL LandTen] Lease Execution Question

Tue Nov 15 11:56:08 PST 2011

Having been in that situation multiple times, I always send it back to the Tenant to get it properly executed.  Better to deal with it at the beginning of the deal rather than send the e-mail to the list serve and ask the question when the Tenant is in default or is claiming the lease is unenforceable a year from now. Yes, clients hate it, but better safe than sorry.

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

Facsimile:    954-766-9719

E-mail: gpincus at stearnsweaver.com

www.stearnsweaver.com

-----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:

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Lloyd Granet

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-----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

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