[RPPTL LandTen] Lease Execution Question
Manuel Farach
MFarach at richmangreer.com
Tue Nov 15 12:16:17 PST 2011
No, you didn’t need to but you were wise to do so
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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Tuesday, November 15, 2011 3:10 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Execution Question
Interesting point on blank witness lines. I understand the concept, in standard defensive mode, I sent the leases back out for witnessing yesterday, my question is did I need to.?
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Drobner, David S.
Sent: Tuesday, November 15, 2011 3:07 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Execution Question
But the issue is more about blank witness lines, the implication legal delivery wasn’t intended or is somehow flawed or even dispute of authenticity of execution, and all the hay a litigator could make when it matters the most – when you have to sue the tenant.
Practically speaking there’s little option at inception of the agreement – get the agreement fully and properly executed and witnessed and don’t mess around with an unnecessary future risk like that when it is so easily and painlessly solved up front.
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Haney, Gregory
Sent: Tuesday, November 15, 2011 3:04 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Execution Question
Excellent point that Manuel and you have raised. 689.01 says, in part:
"...in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year ..."
Gregory R. Haney
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Shumaker, Loop & Kendrick, LLP
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Scott W. Dibbs
Sent: Tuesday, November 15, 2011 2:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Lease Execution Question
Are witnesses even required for T's signature? Doesn't statute say witnesses required for party conveying the leasehold interest- i.e., landlord?
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Drobner, David S.
Sent: Tuesday, November 15, 2011 2:50 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Execution Question
LL has 2 witnesses though right?
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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.
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Hollywood, FL 33021
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Email: JMazor at Mazor.com
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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.
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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.
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