[RPPTL LandTen] N-1003 - Landlord Tenant Committee: Applicability of 713.10 lien prohibition protection to successor owners/landlords

[Lloyd Granet]

It makes sense that a specific memorandum that says this lease provides for lien prohibition would run with the land, but for the generic notice we have as a matter of course rerecorded notices when our clients acquired centers.

My logic has been that under the law prior to Everglades our notices said,  our standard form lease provides the following language_______________, my theory was while that may cover old leases it did not cover new leases by a new landlord.

Under the new statute, you are required to notice the name of the landlord, the language in the various leases and a statement that all or a majority of leases contain the required language.  Regardless unless we adopt the language from the prior landlord’s form we will need to record new notice for the lien prohibition language in our form.

The other way to look at the question is what happens when a center was in compliance when the notice was filed but falls out of compliance?



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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Monday, January 30, 2012 5:17 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords

Although the recitation of facts in the opinion is not free from doubt, it appears that the blanket notice that was the subject of the Everglades Electric case was recorded by a predecessor in title to the landlord party to the lawsuit which would imply that the notice “runs with the land”.

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org]<mailto:[mailto:landten-bounces at lists.flabarrpptl.org]> On Behalf Of Haney, Gregory
Sent: Monday, January 30, 2012 11:39 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords

Good morning, all -

I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice.

If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)?

Thanks,
Gregory



Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
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Tampa, FL 33602
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ghaney at slk-law.com<mailto:ghaney at slk-law.com>
www.slk-law.com<http://www.slk-law.com/>

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