[RPPTL LandTen] New problem

[Anthony J. Horky]

I would appreciate if anyone can comment on the following:

 

Tenant enters into commercial lease for space from landlord as individual
doing business as fictitious name. The lease is silent with respect to
subleasing.

 

Thereafter, tenant subleases same space in her fictitious name but signs
sublease in her individual capacity. Then, the subtenant defaults in the
payment of rent, is not paying and will not vacate.  Tenant and subtenant
sharing same premises comprised of two offices.  

 

Client wants to sue subtenant.  The problem I see is that tenant is not the
one that entered into the sublease, so how can tenant be the proper party to
seek an eviction?  

 

Other than breach of sublease agreement, who is the proper party to bring an
action and would it be an eviction, unlawful detainer, or  ejectment?

 

Any input would be greatly appreciated. Thank you.

 

 

 

 


 

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F. 561.989.3204                    

 <http://www.horkylaw.com> www.horkylaw.com

 


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