[RPPTL LandTen] Lease Execution Question

Tue Nov 15 11:57:54 PST 2011

If this is a new lease, yes, send it back out for execution before two
witnesses (see 689.01).  There are estoppel-based decisions holding
otherwise after the fact, but it sounds like you are at square one.

This case and its progeny may be helpful, too: Taylor v. Rosman, 312 So.
2d 239 (Fla. 3d DCA 1975).

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney at slk-law.com
http://www.slk-law.com/
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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:
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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)
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        NOTICE: This communication is: (a) sent by an attorney or
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is prohibited. If you received this communication in error: (a) any
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Granet,
P.A. requests that you immediately notify us at (561) 999-9300 (collect)
and
destroy this communication. Thank you.

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