[RPPTL LandTen] New problem

Tue Feb 12 13:37:58 PST 2013

I believe Mr Haney answered the question.  A dba is not a separate entity,
so the tenant is the sublessor and can bring the lawsuit in their name
against the sublessee.

Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:   (407) 392-1872
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dennis at chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
Estate Litigation

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On Tue, Feb 12, 2013 at 4:35 PM, Anthony J. Horky <ahorky at horkylaw.com>wrote:

> 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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> *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 ****
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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.****
>
>  ****
>
>  ****
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>  ****
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>  ****
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> *Anthony J. Horky, Esquire*****
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> Anthony J. Horky, P.A.****
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> 2255 Glades Road, Suite 324A****
>
> Boca Raton, Florida 33431****
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> T: 561.989.3206****
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> F. 561.989.3204                    ****
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> www.horkylaw.com****
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