[RPPTL LandTen] Tenants May Not Use Landlord's Mortgage Requirements as Defense to Lease Enforcement

[Manuel Farach]

Hello all,
Here’s a recent case you may find of interest together with a blurb from my Update.

Plakhov v. Serova, --- So.3d ----, 2012 WL 5232231 (Fla. 4th DCA 2012).
Tenant cannot use a possible breach of landlord’s agreement with its mortgagee to defend enforcement proceedings against tenant as tenant unless tenant is an intended third party beneficiary of the contract between landlord/mortgagor and mortgagee. Additionally, residential landlord's obligation to provide Fla. Stat. § 83.49 notice to tenant of intent to impose claim on security deposit is excused by tenant failing to give seven-day notice before vacating or abandoning the premises.


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

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From: westlaw at westlaw.com [mailto:westlaw at westlaw.com]
Sent: Saturday, October 27, 2012 12:21 PM
To: Manuel Farach
Subject: Westlaw Results : 2012 WL 5232231


Westlaw Delivery Summary Report for FARACH,MANUEL


Your Search:


COURT & da(aft 10/20/2012)



Date/Time of Request:


Saturday, October 27, 2012 11:20 Central



Client Identifier:


BOOK



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FL-CS-ALL



Citation Text:


--- So.3d ----



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209



Documents:


1



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mfarach at richmangreer.com<mailto:mfarach at richmangreer.com>



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