[RPPTL LandTen] New problem

Tue Feb 12 13:41:29 PST 2013

Not to bog things down but if the tenant was paying rent to the property party such that the use of the individual name was really a misnomer, there is I think case law that it doesn't really matter that the name is technically not the same .

I can dig it up if that's relevant to what your doing.

I don't think you need to go ejectment or otherwise because either way the Sub-T occupies by virtue of a lease. Perhaps at worst, you can always assign the lease or use a similar such vehicle to deal with the technical defect and make it a nullity

Eric Jacobs
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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 4:36 PM
To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] New problem

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> [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<mailto:ahorky at horkylaw.com>>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto: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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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 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<mailto:ahorky at horkylaw.com>.
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