[RPPTL LandTen] Agency of U.S. Government as a Holdover Tenant

[George Pincus]

Does anyone have any experience with the following fact pattern:


·         Tenant is an agency of the U.S. Government under a lease form that Landlord had no ability to negotiate (not that it matters, but it is not a typical GSA lease).

·         The Lease does not have a holdover provision stating what happens if the Tenant holds over beyond the expiration date of the Lease.

·         The Lease expired on October 31 and Landlord has been consistently bugging the Tenant to get out, but is getting no response.

·         Tenant has continued to timely pay rent on a monthly basis at the Lease rate.

·         Landlord has an immediate need for the space and it has other deals pending – it does not care about holdover rent.

·         Aside from sending a termination of the month-to-month tenancy before the 15th of the month, which I expect will have little or no effect to motivate the Tenant to vacate and surrender the space, does anyone have any experience with the U.S. Government as a holdover Tenant.  Is it sovereignly immune from eviction?

Any relevant experience would be appreciated.

 George A. Pincus, Esq.
Stearns Weaver Miller Weissler
  Alhadeff & Sitterson, P.A.
New River Center, Suite 2100
200 East Las Olas Boulevard
Ft. Lauderdale, FL 33301
Telephone: 954-766-9705
Facsimile:    954-766-9719
E-mail: gpincus at stearnsweaver.com<mailto:gpincus at swmwas.com>
www.stearnsweaver.com<http://www.stearnsweaver.com/>

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