[RPPTL LandTen] No Sales Tax Provision In Lease

[lesstevens]

Good Afternoon All:

 

I have a client who negotiated themselves and entered into a commercial
lease which does not contain a provision which would allow the Landlord to
collect the sales tax chargeable under Florida law.

 

My client does not want to be declared in default for non-payment, so the
further dilemma is (i) whether to pay it under protest and then "sue" for
the return of the funds (the Lease requires arbitration for all disputes);
(ii) refuse to pay and demand arbitration on the lease; (iii) put the money
in my trust account and demand arbitration; or (iv) any other alternative
you can think of.

 

What is everyone's experience with this situation..Is the Tenant exempt from
payment since it is not referenced in the Lease?  How has this been handled
by the Courts (from one's experience).

 

Thank you for your input.

 

 

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens at earthlink.net

 

____________________________________________________________________________
__________________________________

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
IMMEDIATELY

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120621/b706828d/attachment.html>