[RPPTL LandTen] New problem

Tue Feb 12 13:33:36 PST 2013

Sorry, maybe I misunderstood the question and fact pattern.  Who wishes to evict, the landlord or master tenant?

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: Brenda B. Ezell <brenda at ezellfirmpa.com>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org> 
Sent: Tuesday, February 12, 2013 4:27 PM
Subject: Re: [RPPTL LandTen] New problem

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  
3560 Cardinal Point Drive, Suite 202 
Jacksonville, FL 32257 
904.240.4560 Tel 
904.240.4561 Fax 
http://www.ezellfirmpa.com/ 

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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. 

     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/ 

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