[RPPTL LandTen] Anticipatory Breach - Does it Fly?

[lesstevens]

I sent out an e-mail yesterday with a scenario that I was looking for input
on..and I guess because it was Monday everyone was busy.so I am re-printing
below to see if anyone has any input..

 

Thanx.

 

I have a client, landlord, who was informed of a potential dead animal in
the attic of one of his tenants. He immediately had the area treated;
however, the flies kept coming back. After a couple of more treatments there
did not appear to be any more flies; however, the Tenant has become "fly
paranoid". The landlord abated the time period in which the premises were
treated as she had to temporarily vacate the premises.

 

Now there are no signs of the flies; however, the Tenant has sent a notice
of intent to vacate citing 83.51(1), although I believe she meant subsection
(2)..The question becomes, "How Many Flies Constitute Constructive
Eviction"?

 

Our intent is to hold the Tenant to the balance of the Lease term as the
Landlord has complied with his statutory obligations and there is no further
evidence of a problem.

 

Thank you for your input in this matter..

 

 

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens at earthlink.net

 

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