[RPPTL LandTen] Eviction as terminating statutory landlord's lien

[Jeffrey Mazor]

FYI, following up on yesterday’s discussion: 
 


 

Look at the Miller case re: effectively terminating a landlord’s lien. Dealt
with statutory lien. Don’t know its effect re: contractual lien.

“[7] Under Florida law, commercial landlord's actions in obtaining judgment
for eviction following tenant's rent default effectively terminated original
lease agreement between parties and signaled end of landlord's statutory
lien, for rent due and owing, under original lease, though parties
subsequently entered into new agreement for lease of commercial space,
conditioned on full payment of past due rent and including certain
concessions by landlord; tenant's occupancy of premises after this new
agreement was executed was not under authority of original lease, even
though one of the conditions imposed by new lease agreement, i.e., the
tenant's purchase of liability insurance, was never satisfied. West's F.S.A.
§ 83.08
<http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1000006&DocName=
FLSTS83.08&FindType=L> .”



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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