[RPPTL LandTen] Residential lease matter.

[Neil B. Shoter]

One of our colleagues from the Construction Law Committee of our Section asks for help (possibly willing to pass this on to someone willing to undertake the case) - it's a residential matter related to a landlord's unwillingness to renew a lease after a dispute over insurance/damage of premises.  Here is the fact scenario as posed by Michael Romm.  Michael's email is mromm at rommlaw.com<mailto:mromm at rommlaw.com>.  If you wish to respond to him for advise or even taking on the matter, please email Michael directly and not via the listserve.

Thank you.

Neil


Here are the facts:

Client is a nice lady... nurse, I think..living in a commercial run apartment complex with her child and boyfriend (sort of like a husband but not married - think he is the father of the child). They have been renting from the same commercial complex in Broward County for SEVEN YEARS AND NEVER ONCE WERE THEY EVER LATE ON THEIR RENT. Also, they were considered model tenants.  Landlord was HAPPY to renew their lease every year. Last year they have an accident and a small grease fire breaks out in kitchen.  Rental complex moves them into another unit while they fix up their unit and then move them back in.  They send my clients a demand for about $25k for damages.Clients come to me. I immediately jump in and demand back up and ask about "insurance". They tell me there is no insurance or that the deductible is higher than the amount demanded. So I ask for the policy and the correspondence between the complex and their insurance company.  I get NOTHING. A month later they tell me that all of  sudden there is insurance, that the claim was submitted and the deductible is $10,000.00 and they demand $10K.   I ask again for backup documentation. They submit a BS estimate which I follow up on by asking for licensure, backup docs, etc.....I get NOTHING and the rental complex ABANDONS ALL EFFORTS TO COLLECT THE $10k.  Five months later, they receive a notice from the complex stating that they are not having their lease renewed. I write to the complex offering asking that my clients be allowed to renew their lease and even offering to pay MORE RENT than before.  They flat out say no.  I believe there is something fishy going on here. I think they are being discriminated against and there may be a claim under section 83.64 - - -  but I do understand that a landlord has a right to terminate a lease when the lease is at its natural end of term.  I know they will claim they are simply excercising their right to "not renew" but I know there is a claim here...I just can't put my finger on it! Anybody have any ideas.





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Neil B. Shoter
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