[RPPTL LandTen] New problem

Tue Feb 12 13:27:53 PST 2013

I am assuming that you represent the tenant (sublessor), but I believe that because there was performance under the sublease, the subtenant would likely lose any defense that the tenant (sublessor) is not the proper party to bring an eviction action.  The tenant should be able to bring the action to evict in her individual capacity since the primary lease was executed in that capacity and further because the sublease was executed in that capacity.

Did I miss something in your fact pattern?

Best regards,

Brenda B. Ezell
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, February 12, 2013 4:16 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] New problem

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.

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Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

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