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I have leased a building to my tenant for about 10 years. He…

Customer Question
I have leased a...

I have leased a building to my tenant for about 10 years. He just recently presented in writing a request to lease for 3 additional years. It is exactly - word for word - the same as the previous lease agreements. However this time he gave me an additional request to sign. It is a "Memorandum of Leases" which refers to section 9 E in our original "Lease Agreement."

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

I am sorry, I think I accidentally "sent" my e-mail before I actually asked my question. 9 E, in the original lease, states that "Upon request of Landlord, the Tenant shall execute a Memorandum of Lease evidencing the provisions of this section for Landlord to file in the public records of Hillsborough County, FL. Therefore we are assuming that the Memorandum of Leases that tenant is requesting we sign is in line with our original lease. I am just wanting to be sure. Thank you for any clarification that you see is needed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This should be enough - I believe.....thanks.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 8 minutes by:
12/5/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 123,262
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

That clause you mention is a clause that provides for the tenant executing the memorandum of lease at your request as landlord for you to file in the clerk's office, which means the lease would then be recorded to be valid against any third parties. If your original lease had a clause of memorandum of lease being executed, even if you never made the request for the memorandum of lease, this is not changing anything.

The clause says "Upon request of Landlord..." meaning it is at your request that the tenant fill out and sign the memorandum of lease, not at the tenant's request, although filing the lease in the clerk's office does give you the official record of the lease in public records against third parties. The MOL places the world on notice of the tenant's lease of the premises.

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Customer reply replied 4 months ago
there is no reason that we should NOT sign the "Memorandum of Leases" ...correct ?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

Well, the Tenant is the one who would have to sign the MOL based on the landlord's request to sign. It does not hurt to have one signed and file it with the clerk's office.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
Would this also be very beneficial to the Tenant in the event that I sold the property? (Which is fine with me as I am just curious.) But the Tenant is the one who is requesting this - with his attorney's assistance. We know that if anyone was to purchase the property they would need to buy out the lease. I am sure he is NOT doing this for our benefit, so just makes sense it is also a benefit to him, even though the original lease covers me. SO JUST CURIOUS . . . HE IS PROBABLY DOING THIS FOR HIS additional PROTECTION?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Yes, it benefits the tenant to prove to any third party that they have a valid lease. This is not the only way to prove a valid lease, but as I said it is notice to the world. It is an added protection to the tenant in that the landlord cannot deny there is a lease and also it protects the landlord in that it gives notice to any possible third party creditors that the tenant does not own the premises, they lease it.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
Thank you very, very much. This has been very helpful to me. As you know, this would have cost a few hundred dollars if I had made an appointment with my attorney. Your answers were very easy to understand.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you very much.

PLEASE, do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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