[RPPTL LandTen] New problem

Tue Feb 12 13:39:57 PST 2013

Agreed. I think Gregory is right on point.

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: "Haney, Gregory" <ghaney at slk-law.com>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org> 
Sent: Tuesday, February 12, 2013 4:33 PM
Subject: Re: [RPPTL LandTen] New problem

I’m reading this a little differently because I assume the tenant is Anthony’s client.  So my response would be: 

Since a d/b/a is not a separate entity, your client is individually the tenant under the lease and is individually the sublandlord, regardless of any fictitious name being used.  So your client would likewise individually be the plaintiff.  

If your client is the landlord, never mind my response!  

Gregory 

Gregory R.Haney
Attorney at Law
Shumaker, Loop & Kendrick LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney at slk-law.com
www.slk-law.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   
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.   

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.     

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.  

      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/  

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com. 
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