[RPPTL LandTen] Premature Lessee Question

Fri Jun 17 08:51:36 PDT 2011

Thanks; its very helpful

Manny

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J.
Horky
Sent: Friday, June 17, 2011 11:47 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Premature Lessee Question

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.

500 East Broward Boulevard

Suite 1950 Broward Financial Centre

Ft. Lauderdale, Florida 33394

Telephone: 954.467.2200 ext. 225

Facsimile:  954.467.2210

E-Mail: ahorky at mbhlawyer.com <mailto:ahorky at mbhlawyer.com> 

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Richman Greer P.A.
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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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?

 Richman Greer P.A.<http://www.richmangreer.com/emailsig/logo.gif> 

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and
Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401

Office:561.803.3500
Fax: 561.820.1608
Direct:561.803.3501

Email:MFarach at richmangreer.com

www.richmangreer.com <http://www.richmangreer.com/>  

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