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

Tue Oct 9 14:08:49 PDT 2012

Dariel,

In my opinion you should name all possible occupants of the Leased Premises, whether you name them as "Unknown Tenants" or by their actual name.  I think your concern about naming them individually might be that it could be considered as an assent to their right of occupancy and therefore their right to defend the eviction.   However, I don't believe that is a concern as naming unknown tenants is common practice.  You also might be thinking that if each sub-tenant is served individually, you will face 8 different lawyers which will make the eviction much more difficult than it has to be.  Although this is probably a valid concern, I still feel that the law is on your side - i.e. the sub-tenants have no rights beyond that of the main tenant.

It has become my practice to always name "unknown tenants" in every eviction I file due to past bad experiences.  My experience has been that a Judge will only issue a FJ of Eviction and Writ of Possession against the parties named in the complaint and actually served by process and the Sheriff will only remove the parties named in the Writ.  Imagine if you completed the entire eviction process and the Sheriff refuses to remove the unnamed sub-tenants.  

In my humble opinion, you are much better off putting forth a little extra cost and effort on the front end of the case than possibly being forced to file another eviction or amend the original eviction case and start from the beginning after you have already pursued the original case.  I think it's pennywise and pound foolish to ignore the sub-tenants altogether.  Especially in light of the fact that you know they are occupying the Leased Premises.

Just my two cents for what it's worth.

Cary 
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416 
Phone: (561) 281-2744 

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________________________________
 From: Dariel Abrahamy <Dariel.Abrahamy at gmlaw.com>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org> 
Sent: Tuesday, October 9, 2012 4:53 PM
Subject: Re: [RPPTL LandTen] Eviction of Tenant/Executive Suites/Subtenants

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] 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. 

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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