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

[Lainie Simon]

From the other side, I have a client that does its own leasing and NEVER checks anything.  At least 50% of the time the tenant is inconsistent with Sunbiz in some way.   None have tried to get out of a Lease on that basis.  Some have tried to defend a claim for damages after an eviction on that basis (lack of authority to enter into the Lease)  unsuccessfully.  I just include allegations as necessary in the Complaint.

Lainie J. Simon, Esq. 
185 NW Spanish River Boulevard 
Suite 220 
Boca Raton, FL  33431 
561.445.1361 
561.997.6224(fax) 

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Ê 

On Feb 14, 2014, at 2:35 PM, Arthur J. Menor <AMenor at shutts.com> wrote:

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
 
 
<image001.jpg>
Arthur J. Menor 
Partner 
Shutts & Bowen LLP 
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 
Direct: (561) 650-8510 | Fax: (561) 822-5510
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