[RPPTL LandTen] I am just full of interesting questions these days

[Shane Weaver]

But unlike Skylake, the tenant here actually took possession and paid rent. The 3rd DCA states in Skylake, "For an estoppel to operate, the tenant must have changed position in more than an insubstantial way."

Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 822-9885

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Drobner, David S.
Sent: Tuesday, September 06, 2011 11:56 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I am just full of interesting questions these days

Not so sure on that 4 months estoppel due to the recent 2 cases our group has been looking at - that's why I mentioned. Attached.
dsd

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Tuesday, September 06, 2011 11:50 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] I am just full of interesting questions these days

Scott,

After four months, I think there'd be an obvious estoppel defense to the lack of witnesses. And even if rent is under-market, tenant can argue paying all maintenance helps compensate for that.

Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 822-9885

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank
Sent: Tuesday, September 06, 2011 11:36 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] I am just full of interesting questions these days

I think I know the answer to this one, but . . .

Was just given this scenario by a residential real estate broker friend:

Homeowner leases out his house to a "friend".  Charges $1,000 per month (market is around $3-$4,000), and the lease states that the rent is to be paid to the HOA (dues are around $1,000 per quarter but there is a $12,000 balance).  Tenant is responsible for all maintenance.  House is not in foreclosure, or even under threat.  Lease term is for three years.

After 4 months, a falling out occurs.  Landlord wants to sell the house.  Tenant, knowing the sweetheart deal, says heck, no, I ain't moving.  T is paying association on time and maintaining the house reasonably well.

So is Landlord screwed (no good deed goes unpunished)?  I don't believe there is a true failure of consideration here, but could LL make the argument anyway?  Any other thought that I am missing?

And, what happens when the HOA is paid up to date?

Thanks again.  It's been that kind of a couple of weeks.

Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p:  (561) 372-7860
f:  (561) 423-5721
sfrank at saflaw.com<mailto:sfrank at saflaw.com>
www.saflaw.com<http://www.saflaw.com/>

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