[RPPTL LandTen] Ejectment or possession action

Mon Apr 9 06:39:36 PDT 2012

I agree, I inherited this lease, there is no look back issue and the tenant is the anchor.

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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: Monday, April 09, 2012 9:37 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Ejectment or possession action

Not so helpful but will mention - one of the most irritating (LL perspective) negotiation issues in commercial leases seems to be the look-back limit for reconciliations or audits, from CAM and Taxes, to rights to pay reduced rent by reason of co-tenancy, exclusive violation, or other asserted breach. It's a huge negotiation issue on every lease it seems. Absent clarity on look-back limits, I find we are fighting this battle all the time. A couple of the national women's retailers (I won't mention names) are infamous for doing this, going back 10 years. It's awful.

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 Lloyd Granet
Sent: Monday, April 09, 2012 9:14 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Ejectment or possession action

New Question

I have a client who is a landlord in a commercial center.  Lease provides for reimbursement of increase over base year of "insurance due and payable".   Types of insurance are specified.  There is a provision that an insurance bill or copy submitted shall be conclusive evidence of the amount of insurance, subject to manifest error, but no other detail on how cost of insurance is determined.

Tenant is now trying to go back to inception of lease (2005) and challenge inclusion of insurance broker fee in cost of insurance.

Any experience or case law?

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2295 NW Corporate Boulevard, Suite 235
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Direct Dial:  (561) 999-0090
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Fax: (561) 999-9400
Email: lgranet at granetlaw.com<mailto: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.

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 Joseph Alexander
Sent: Tuesday, April 03, 2012 2:36 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Ejectment or possession action

I would say unlawful detainer and/or eviction.

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Joseph N. Alexander | Partner
POTTER CLEMENT LOWRY
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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 Anthony J. Horky
Sent: Tuesday, April 03, 2012 12:05 PM
To: landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Ejectment or possession action

Members:  I'm curious to learn whether you think the person in the following fact scenario is a tenant subject to a possession action or not and subject to an ejectment action.  Thank you for your thoughts.

FACTS:  Owner agrees to allow Mrs. Smith to move in to the Owner's condominium in exchange for payment of the electricity bill.  Owner lives in the condominium as well.  After one month, Mrs. Smith stops paying electricity bill.  Owner then demands rent in the amount of $400 per month  which Mrs. Smith initially agrees to pay but the deal terms change when Owner agrees that Mrs. Smith can remain in the unit without paying rent if she will assist Owner with a foreclosure action.   Mrs. Smith at no time paid the $400/month.  Mrs. Smith does assist Owner but now the foreclosure  has been resolved.  In the meantime, Mrs. Smith has invited another person into the unit, refuses to pay rent, remove the visitor or to turn over possession.

Eviction or Ejectment?

Thank you.

Regards,

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431
Telephone: (561) 226-4628
Facsimile: (561) 994-6693
Website: www.horkylaw.com<http://www.horkylaw.com/>

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com<mailto:ahorky at horkylaw.com>.
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