[RPPTL LandTen] Eviction of Tenant/Executive Suites/Subtenants

[Dariel Abrahamy]

I represent a commercial landlord. Tenant has breached the master lease agreement.  The master lease agreement covers executive suites.  The tenant has signed about 8 subleases for executive offices.   Tenant is in default and I am going to file an eviction action.  My client does not want to assume all of the subleases after eviction and wants everyone out.

Question: Do I need to name all of the subtenants in the eviction action to terminate their right to possession? I know the law is that the sublease rises and falls with the master lease and a subtenant can take no greater rights than the tenant/sublessor.  If I simply name the tenant, would the sheriff be able to remove everyone when sheriff executes the Writ of Possession?

The only case I found does say the subtenant was included in the eviction, but it did not discuss whether it was necessary to include them.   I also do not have copies of the subleases, so if I name them, I was leaning towards naming them as Unknown Subtenant 1, Unknown Subtenant 2, etc.

Any thoughts would be appreciated.

[cid:image002.jpg at 01CDA636.CBDA7970]
Dariel J. Abrahamy, Esq.
Greenspoon Marder, P.A.
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: 954-491-1120; F: 954-343-6972
Dariel.Abrahamy at gmlaw.com



The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20121009/b7d26cbf/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 2524 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20121009/b7d26cbf/attachment.jpg>