[RPPTL LandTen] New problem

Anthony J. Horky ahorky at horkylaw.com
Tue Feb 12 13:35:51 PST 2013


Thank you.  From your responses I should clarify.

 

I represent the tenant whose principal then entered into a sublease but
signed in their individual capacity.  I'm troubled by this because how can
this tenant evict a subtenant when the tenant, who has possession by virtue
of a lease in its DBA name, is not the same person who entered into the
sublease?  Therefore, can an eviction even be performed since who would be
the plaintiff?  Perhaps an ejectment or unlawful detainer action.

 

 

 


 

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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                    

www.horkylaw.com

 


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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, February 12, 2013 4:27 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] New problem

 

I think you have to sue the original/master Tenant for eviction since that
is the party with whom the landlord has contractual privity.  You could also
name the sub-tenant as an additional defendant so the subtenant cannot claim
you failed to join an indispensible party, but ultimately the original
tenant is the party liable to landlord.   I don't know the exact cite, but
there's a case that addresses this issue:  Bradford Underhill vs. Corporate
Rental Solutions, Inc., 17 Fla. L. Weekly Supp. 1119a.  The case basically
says that if the master tenant's lease is terminated, the sublease is also
automatically terminated.  Hope this helps.

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: Anthony J. Horky <ahorky at horkylaw.com>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org> 
Sent: Tuesday, February 12, 2013 4:16 PM
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.

 

 

 

 


 

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                    

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

 


This message and the documents attached to it, if any, are intended only for
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ahorky at horkylaw.com.

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Tax Advice Disclosure: To ensure compliance with requirements imposed by the
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any matters addressed herein.

 

 

 

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