[RPPTL LandTen] corp lessee for residential unit

Tue Aug 18 07:18:19 PDT 2015

Agreed it is problematic. Your best bet is to get the tenant onto the lease recognizing his/her rights are derivative of the employer’s tenancy. The employer is looking for trouble if it doesn’t get the tenant to sign a lease, because getting the tenant out if the employee is fired is highly problematic. What I have done in that situation is have the employee sign a lease saying it was terminable at will by either party, much like a month to month lease.

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, August 18, 2015 10:02 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] corp lessee for residential unit

Thank you Less and Manuel.  I see this situation to be problematic.  If the LLC is the “lessee” and even if the employee agrees to a subtenancy, what happens if the employment relationship ends mid-term and the ex-employee refuses to leave?  Who does the eviction and on what grounds?  Does the lessee do the eviction?  Perhaps the lease needs to contain a provision addressing this situation where if the employment relationship ends so does the subtenancy, and a failure to vacate within ___ days constitutes a non-monetary default.  Will such a provision run contrary to the FRLTA?  Does FRLTA apply when the “lessee” is a business entity?  I’m all for drafting a unique lease but for the landlord who owns this single family home within an HOA this might be a headache not worth creating or it might go smoothly.

[AJH Logo mark]

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com<http://www.horkylaw.com>

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com<mailto:ahorky at horkylaw.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.
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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,

[AJH Logo mark]

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com<http://www.horkylaw.com>

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com<mailto:ahorky at horkylaw.com>.
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Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

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