[RPPTL LandTen] Right to collect arrears post CT

[Dariel Abrahamy]

Need some insight on new Landlord’s ability to collect pre Certificate of Title past due rent.



For simplicity, Commercial Landlord and Tenant enter into written lease on November 1, 2012.  Landlord’s lender forecloses and a Certificate of Title is issued on October 1, 2013 to a third party who purchased the shopping center at the foreclosure sale.  Tenant was not named in the foreclosure as a defendant  and the lease was not terminated.  Tenant failed to pay any rent under the lease during the foreclosure.  Assume tenant did not pay rent from January, 2013 – September, 2013.



Question.  Can the new owner/landlord pursue the past due rent? Can new owner/landlord send a 3 day notice for the past due rent? The lease does say lessee will attorn to mortgagee. But I don’t think that matters in my example.



[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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