[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


________________________________

[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>

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten at lists.flabarrpptl.org. If you are not
landten at lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach at richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

________________________________

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>




-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120208/f04dd6d4/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Westlaw_Document_17_00_42.doc
Type: application/msword
Size: 26944 bytes
Desc: Westlaw_Document_17_00_42.doc
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120208/f04dd6d4/attachment-0001.doc>


More information about the landten mailing list