[RPPTL LandTen] New problem

Tue Feb 12 13:43:21 PST 2013

Prior to filing suit, have the individual assign the sublease to the tenant and then the tenant can sue to evict

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On Feb 12, 2013, at 4:39 PM, "Anthony J. Horky" <ahorky at horkylaw.com<mailto: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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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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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
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<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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Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

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