[RPPTL LandTen] Premature Lessee Question

[Anthony J. Horky]

Manuel: Attached is a 2004 Fla. Practice Series section on landlord and tenant liability that might be helpful.

Regards,

Anthony J. Horky, Esq.
Mombach, Boyle & Hardin, P.A.
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Suite 1950 Broward Financial Centre
Ft. Lauderdale, Florida 33394
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E-Mail: ahorky at mbhlawyer.com<mailto:ahorky at mbhlawyer.com>
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Thursday, June 16, 2011 6:16 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Premature Lessee Question

Here's what I mean.
Client said he would enter into lease with tenant, i.e., written lease and security deposit, when client returned from Puerto Rico. Tenant begged to be allowed to place a "couple of things" in the house to be rented before Client returned and lease was signed. Tenant, you guessed it, moved himself and his entire family into the premises before the client returned from Puerto Rico. Just after tenant and his family move in, a house fire (each side blames the other) starts and destroys all of tenant's goods. Thankfully, no one was hurt.
We are at the pleadings stage, and I have moved to dismiss based on caveat lessee and, in effect, trespass. Tenant is saying, of course, he had permission to move into the premises and that the premises were uninhabitable (due to the faulty a/c which caused the fire).
Are there any other defense I am missing?

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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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