[RPPTL LandTen] Residential Double recovery?

[Greg Hass]

Yes, that's my understanding as well.

I believe there was a class action suit several years ago where a T sued
a LL because the lease had some sort of liquidated damages/early
termination fee BEFORE Section 83.595 had been amended to allow for such
a remedy.  As I recall, the trial court ruled in favor of tenants
holding that the LL's liquidated damages/early termination fee clause
was unenforceable pursuant to 83.47 because it had resulted in the LL
double dipping contrary to 83.595 (2).  I believe the parties settled
the case while it was on appeal.   Presumably as a result of that case,
Section 83.595 was subsequently amended with the addition of the new
subsection (4) to specifically allow for the liquidated damages/early
termination fee remedy without worry as to allegations of double
dipping.

Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

Attend Great American Realtor Days in Tallahassee
http://www.floridarealtors.org/realtordays April 12-13

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_____________________________________________
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeffrey
Mazor
Sent: Tuesday, April 12, 2011 11:48 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Residential Double recovery?


Both these statements are correct, right?

If a residential landlord retakes possession for the tenant's account
under FS 83.595(2), he has to credit the tenant with money received from
the replacement tenant, i.e., no double recovery.

But, if instead, the landlord gets two month's worth of liquidated
damages or early termination fee per FS 83.595(4) and quickly relets,
the landlord does not have to credit the tenant with money received from
the replacement tenant, i.e.,  there can be limited double recovery.

Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building 
4000 Hollywood Blvd.,  Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax:       954-962-3560
Email:   JMazor at Mazor.com

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