[RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

Thu Jul 9 13:09:27 PDT 2015

Thank you all…

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens at earthlink.net

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Walson, James
Sent: Thursday, July 09, 2015 4:01 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

A tenant at sufferance is a tenant that refuses to return possession of the property following the expiration or earlier termination of the lease and remains without the permission of the landlord.  A month to month tenant is a tenancy at will terminable upon 15 days’ notice.

James E. Walson

Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

215 North Eola Drive

Orlando, FL 32801

Phone:407-843-4600

Direct:407-418-6403

Fax:407-843-4444

Email: james.walson at lowndes-law.com

Website: www.lowndes-law.com

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Roland Waller
Sent: Thursday, July 09, 2015 3:34 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

No.  The tenant is month to month after the expiration of the lease.

A trespasser entered the property without the consent of the owner.

Thank You,

Roland "Chip" Waller, Esquire

Waller & Mitchell

5332 Main Street

New Port Richey, FL 34652

Office: 727-847-2288 / Fax: 727-848-4183

Roland.Waller at rdwaller.com

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, July 09, 2015 2:22 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

I am not trying to correct anyone just want to known for my own sake.  Isn’t a tenant at sufferance a Trespasser? and a person who continues after the term expired a tenant at will (a/k/a a month to month tenant).

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, July 09, 2015 1:49 PM
To: lesstevens at earthlink.net; 'RPPTL Landlord Tenant Committee'; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

I haven't seen any case like that and I follow the foreclosure case updates pretty closely because I do a lot of third party purchaser work.  However, if anyone would know sure, it would be Manny Farach.

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: lesstevens <lesstevens at earthlink.net>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org> 
Sent: Thursday, July 9, 2015 1:32 PM
Subject: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens at earthlink.net

________________________________________________________________________________________

OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING.  ALL FUNDS  MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).  

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

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