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

[Dariel Abrahamy]

I had to deal with the Sheriff one time with naming the actual suite # in an Executive Suite on a different case and that point is well taken.

Here, the individual executive suites do not have individual suite numbers.  The entire place has one address and one suite #. That was one of the reasons I was leaning towards not naming all of the subtenants, but I keep coming back to interfering with a subtenants' right to possession without naming them.  Even though I know they have no greater rights than the tenant.

Dariel Abrahamy



From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Alberto M. Cardet
Sent: Tuesday, October 09, 2012 4:42 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Eviction of Tenant/Executive Suites/Subtenants

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> [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 01CDA63E.8C1A4F10]
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<mailto: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.



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/20121009/0c61daad/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2524 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20121009/0c61daad/attachment.jpg>