[RPPTL LandTen] Breach of Lease/Damages/Accelerated Rent thru what date
Manuel Farach
MFarach at richmangreer.com
Wed Feb 8 14:42:48 PST 2012
I think the court sets what it believes to be an appropriate present value as applied to each case; I’m not aware of a case that gives a certain percentage.
As to question two, the answer is yes. I’ve filed partial satisfactions of the judgment once payments were made
Good luck!
Manny
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Wednesday, February 08, 2012 5:29 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Breach of Lease/Damages/Accelerated Rent thru what date
I’ve researched this to death and haven’t found a direct answer. Maybe you can help?
Question One: If not provided for in the Lease, what discount rate do you use to calculate the Present Value of sums that come due under a lease?
Question Two: IF we sue for damages under an “Original Lease”, we are entitled to a judgment equal to:
(i) past due rent, repair expense and other charges; plus,
(ii) landlord's attorneys' fees and costs; plus,
(iii) “accelerated balance” due under the lease, less a credit for "the amount received upon reletting the premises", Boulevard Shoppes, A.B. v. Pro-1 Realty, Inc.605 So.2d 1317 (Fla., 4th DCA, 1992), reduced to present value.
Thanks,
Jeff Mazor
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<mailto:JMazor at Mazor.com>
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