[RPPTL LandTen] Residential Double recovery?

[Jeffrey Mazor]

I think you are right. I'm attaching a copy of the findings of fact from the
trial court. Rod Tennyson was plaintiff's attorney.

 

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

 

 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Tuesday, April 12, 2011 12:32 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Residential Double recovery?

 

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 | FloridaRealtorsR
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit:  <http://www.floridarealtors.org> http://www.floridarealtors.org

Attend Great American Realtor Days in Tallahassee
 <http://www.floridarealtors.org/realtordays>
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

 << File: ATT6896336.txt >> 

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