[RPPTL LandTen] Lease Execution Question

Tue Nov 15 12:19:22 PST 2011

Forget what we think, when your client sues the tenant for accelerated rent, and the judge needs a way to cut the tenant a break, the lack of witnesses may give him a way to do it. Then the client looks to you to compensate for the lost rent because you allowed the deal to close without witness signatures.

As a practical matter, yes you should have done exactly what you did do!

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 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
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
www.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 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?

-----Original Message-----
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?

-----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.

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