[RPPTL LandTen] corp lessee for residential unit

Mon Aug 17 12:22:53 PDT 2015

There is no easy answer to these question, and it doesn’t help that clients don’t understand the concept of a “conflict” and why we, as lawyers, can’t represent all sides of a deal. How many times have we heard the words: “What are you talking about? There’s no conflict; he’s my long-time partner/best friend/best man at my wedding/employee/priest/soul-mate [insert various descriptions you have heard]”

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Monday, August 17, 2015 3:11 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

I just had a similar situation (about ½ an hour ago, as a matter of fact) wherein a client had contracted with a builder to build a house (about 2 weeks ago)..and then the builder (last week) approached him to do a joint venture to build another spec house…..I begged off the JV deal altogether, wanting to only represent my client in the building of his own house in order to avoid the potential conflict down the road which would cause me to have to recuse myself from representing either party in case anything could be construed as doing work for the JV. The client wasn’t happy but even the potential of a conflict of interest had me beg off the additional work.

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, August 17, 2015 2:57 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

That’s a tough one. I suggest you enter into a written engagement agreement with your client and his partner which states that you have represented your client in the past and intend to represent your client in the future, that you are representing the two of them only for the purpose of this one particular venture, that you have not gotten and you will receive any confidential or proprietary information of the non-client. Even with all of that, I still don’t think you will be able to represent your client in a direct action against the non-client arising out of the joint representation.
The only other way to do that is to represent your client in this transaction and let the non-client know you are representing the client throughout the transaction and have the non-client sign a letter stating you are not representing him/her (the non-client). This is awkward at best, but highlights the issue

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Roland Waller
Sent: Monday, August 17, 2015 2:44 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Have a ethics question.  I have a  client who has requested that I review a lease for my client and his partner.  He does not want me to be disqualified from representing him if he has problems with his partner in the future.  Can I prepare an engagement letter which states my representation of the two is only for the purpose of reviewing the lease and I represent my client in all other matters in the partnership?

Will that keep me from being disqualified from representing my client in the event of litigation between the two partners?  Does anyone have any suggestion on how to handle this so I am not disqualified?

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<mailto:Roland.Waller at rdwaller.com>

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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] On Behalf Of Manuel Farach
Sent: Monday, August 17, 2015 1:49 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Either have the employee sign the lease individually (with the LLC to pay all monies), or better yet, have the employee acknowledge in writing that his/her tenancy is a sub-tenancy pursuant to the lease with the LLC and that he/she will abide by the lease terms

________________________________

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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
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Email: MFarach at richmangreer.com<mailto:MFarach at richmangreer.com>
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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] On Behalf Of Anthony J. Horky
Sent: Monday, August 17, 2015 1:27 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] corp lessee for residential unit

Hello all.

I’ve been asked by a residential landlord whether we need to amend his residential lease agreement because he will be renting a single family home to an LLC as the “lessee” but an actual employee will be living in the home.    The HOA has no restrictions on corporate leases.

I’ve not dealt with this scenario before.  Is there a particular addendum or different type of lease that must be used in this situation?

Thank you for any insight you can provide.

Regards,

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Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
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