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

Tue Oct 9 13:42:27 PDT 2012

I think your best bet is checking with the sheriff.  Rather than naming the
actual subtenants, you may want to be sure the way the address reads on the
complaint and ultimately on the Writ of Possession covers everyone.  Do the
individual executive suites have suite numbers apart from the address to the
location?  The problem I foresee is the sheriff arriving at the premises and
finding individually numbered doors and refuse to execute, unless there is
some clarification as to the correct address.

My experience in Dade county has been that the sheriff will remove everyone
(named defendant or not) at the address listed on the Writ of Possession,
that is why I think your issue is more of clarity in the address for the
sheriff rather than naming defendants.  You may be able to resolve that by
adding language to the final judgment.

My humble opinion - good luck

Albert

Alberto M. Cardet, P.A.

1330 Coral Way #301

Miami FL 33145

305-403-7783

305-403-7824 (fax)

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy
Sent: Tuesday, October 09, 2012 3:58 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Eviction of Tenant/Executive Suites/Subtenants

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:image001.jpg at 01CCE29A.39B6E430

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

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