[RPPTL LandTen] Breach of Lease/Damages/Accelerated Rent thru what date

Thu Feb 9 06:37:25 PST 2012

While I have not researched this, the question of whether accelerated rents “must” be discounted to present value if such is not stated in the lease arises from time to time, and I understand that judges do discount the amount to PV – BUT, is the discounting accelerated rents to PV a “mandatory” or uniform practice across courts in Florida or only followed in certain jurisdictions??

This is useful in cases where a landlord refuses to allow mention in the lease of discounting to PV.

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Neil B. Shoter
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Wednesday, February 08, 2012 5:43 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Breach of Lease/Damages/Accelerated Rent thru what date

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.

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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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