[RPPTL LandTen] New problem
Anthony J. Horky
ahorky at horkylaw.com
Tue Feb 12 14:55:43 PST 2013
I apologize Gary. The tenant wants to evict the subtenant for nonpayment of
rent.
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
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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 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] New problem
Sorry, maybe I misunderstood the question and fact pattern. Who wishes to
evict, the landlord or master tenant?
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: Brenda B. Ezell <brenda at ezellfirmpa.com>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Sent: Tuesday, February 12, 2013 4:27 PM
Subject: Re: [RPPTL LandTen] New problem
I am assuming that you represent the tenant (sublessor), but I believe that
because there was performance under the sublease, the subtenant would likely
lose any defense that the tenant (sublessor) is not the proper party to
bring an eviction action. The tenant should be able to bring the action to
evict in her individual capacity since the primary lease was executed in
that capacity and further because the sublease was executed in that
capacity.
Did I miss something in your fact pattern?
Best regards,
Brenda B. Ezell
Description: Description: Ezell_lawfirm_fin
3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
904.240.4560 Tel
904.240.4561 Fax
http://www.ezellfirmpa.com/
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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 4:16 PM
To: 'RPPTL Landlord Tenant Committee'
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
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: <mailto:ahorky at horkylaw.com>
ahorky at horkylaw.com.
-------------------------------------------------------
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
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