[RPPTL LandTen] Landlord's Waiver of Lien

[Neil B. Shoter]

David, I have seen a few lenders try to get away with "taking" possession either free for time and then on payment of rent for 30-60-90.  I would just try to knock this out or at most give them a very short window to remove their property.

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Neil B. Shoter
Partner / LEED Accredited Professional
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Friday, August 03, 2012 5:04 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Landlord's Waiver of Lien

I have seen a new form floating in from tenant's lenders which is disturbing and I wonder if anyone else has seen this: In addition to a typical Landlord waiver of lien on FFE, the Lender asks that they be allowed to take possession of the premises, rent free, for 30 days. After the 30 days, they agree to pay rent on a per diem basis.

I strike the free occupancy if I can.

Any thoughts or has anyone else encountered this?

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

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