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

Thu Feb 9 07:30:10 PST 2012

Absolutely agree.  When representing tenants I usually tack a NPV
provision (at around 6%) onto the acceleration clause, but now I'll have
to rethink trying to peg it, especially on longer term leases.

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney at slk-law.com
http://www.slk-law.com/
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Thursday, February 09, 2012 10:22 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Breach of Lease/Damages/Accelerated
Rentthru what date

Thanks Anthony.  This has been instructive.

Neil B. Shoter
Partner / LEED Accredited Professional

________________________________

Shutts & Bowen LLP
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33401
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J.
Horky
Sent: Thursday, February 09, 2012 10:16 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Breach of Lease/Damages/Accelerated Rent
thru what date

Recovery of accelerated rent is recovery of future economic losses.  I
do not have a Florida Supreme Court case directly on point, but I have
seen a number of DCA opinions stating that recovery of accelerated rent
must be reduced to present day value.  See Vibrant Video, Inc. v. Dixie
Pointe Associates, 567 So.2d 1003 (Fla. 3d DCA 1990); NEP Int'l, Inc. v.
Falls, 629 So.2d 1019 (Fla. 4th DCA 1993); Florida Standard Jury
Instruction 501.7. See, e.g. Braddock v. Seaboard Air Line R.R., 80
So.2d 662, 668 (Fla. 1955)("...present compensation of future pain is
merely one of the subjective elements of the problem, and is not a
process of mathematical calculation of preset value, such as must be
applied to periodic future pecuniary losses); Quintero-Chadid Corp v,
Gersten, 582 So.2d 685,689 (Fla. 3d DCA 1991)(court noted that Vibrant
Video held that a landlord's future monetary losses had to be reduced to
present value).

Regards,

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, Florida 33431

Telephone: (561) 226-4628

Facsimile: (561) 994-6693

Website: www.horkylaw.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Thursday, February 09, 2012 9:37 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Breach of Lease/Damages/Accelerated Rent
thru what date

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.

Neil B. Shoter
Partner / LEED Accredited Professional

________________________________

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail <mailto:NShoter at shutts.com>  | Biography
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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

________________________________

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and
Business Litigation by The Florida Bar

Richman Greer P.A.
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Suite 1504
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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

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