[RPPTL LandTen] Right to collect arrears post CT

Wed Oct 23 05:20:48 PDT 2013

Using that analogy though, while the crops go to the grantee, I don’t think monies due for a prior harvest are…as for incorporeal hereditament, well I could barely spell it…I’ll have to go look that up.

Thanks guys

Eric Jacobs
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Roland Waller
Sent: Wednesday, October 23, 2013 8:17 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Right to collect arrears post CT

My theory is that the grantee under a Warranty Deed receives all the interest  of the grantor.  If you convey land with crops and do not sever the crops the harvest goes to the grantee.  I believe the past due rent go to the grantee unless provided for as a profit/intangible.  Is it an incorporeal hereditament?

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, October 22, 2013 7:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Right to collect arrears post CT

I cannot think of any legal theory under which the owner would be entitled to claim or collect rent due prior to the time that he was the owner unless there is some specific language in the lease that would somehow make the Landlord the assignee under the Lease.  Otherwise, the Landlord takes the property subject to the Lease but I do not believe is entitled to claim benefits under the lease from prior to his ownership (and maybe not even after)…

That’s my two cents but I hope some other opinions pipe up

Eric A. Jacobs
ejacobs at beloffparker.com<mailto:ejacobs at beloffparker.com>
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And
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, October 22, 2013 6:51 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Right to collect arrears post CT

Daniel:  I’ve not come across this issue yet or read any decisions on this issue.  My initial thought is that the new owner cannot seek to recover rent payments that became due prior to the new owner acquiring any interest in the property. At the same time, I do not think the tenant could seek to recover against the new owner for damages that accrued while under the prior landlord.

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org]<mailto:[mailto:landten-bounces at lists.flabarrpptl.org]> On Behalf Of Dariel Abrahamy
Sent: Tuesday, October 15, 2013 9:29 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Right to collect arrears post CT

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.

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