[RPPTL LandTen] Evidence of Authority of Tenant to Sign Lease

Fri Feb 14 11:58:47 PST 2014

I always try to get a resolution as well, but if I can't get them to provide one, I check Sunbiz, and if that doesn't provide satisfactory evidence, then I add similar language to Andrew's below.  If all else fails, I just pray they move in and then we can rely on common law (ratification by accepting the premises) for enforcement if necessary.

Fortunately, I've never had this happen.

Brenda

Best regards,

Brenda B. Ezell
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Andrew Garofalo
Sent: Friday, February 14, 2014 2:50 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Evidence of Authority of Tenant to Sign Lease

You can also ask for a personal rep and warranty in the lease from the signatory:

The signatories to this Agreement personally represent and warrant that they are fully authorized to execute this Agreement on behalf of the party for whom they are signing this Agreement.

Andrew Garofalo
Board Certified Real Estate Attorney
Garofalo Law Office P.A.
T: 888.658.8686 F: 888.658.7360
www.garofalolaw.net<http://www.garofalolaw.net/>

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On Fri, Feb 14, 2014 at 2:41 PM, Lloyd Granet <lgranet at granetlaw.com<mailto:lgranet at granetlaw.com>> wrote:
We check sunbiz and if the person signing is listed as an officer or manager, we do not ask for more.

It has not come up but with the new llc statute we would also check to make sure there is no limitation on authority filed.

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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<mailto:landten-bounces at lists.flabarrpptl.org>] On Behalf Of Arthur J. Menor
Sent: Friday, February 14, 2014 2:35 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Evidence of Authority of Tenant to Sign Lease

For those of you on the transactional side, I have the following issue.  When representing landlords, we require the tenant to provide a resolution or other evidence that the individual signing the lease for the tenant has the authority to do so.  Recently, we have had a lot of push back from brokers and tenants who chafe at this requirement and say it is not "market".  I am curious about how other leasing lawyers view this issue

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Arthur J. Menor
Partner
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