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

[Neil B. Shoter]

George, I haven’t had to actually evict the Government, but I believe that when entering into a lease/contract, the Government is not immune from enforcement of the lease for possession (subject perhaps to the FAR and the Federal dispute process) but you should be able to bring suit to enforce the lease in Federal Court applying local/State law landlord/tenant principles for eviction.

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Neil B. Shoter
Partner / LEED Accredited Professional
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of George Pincus
Sent: Thursday, December 04, 2014 10:16 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Agency of U.S. Government as a Holdover Tenant

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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