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

Mon Oct 29 13:26:36 PDT 2012

Excellent up-to-date case.  Thank you.

Regards,

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, FL 33431

Phone: (561) 226-4628

Fax: (561) 994-6693

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Saturday, October 27, 2012 1:32 PM
To: RPPTL Landlord Tenant Committee (landten at lists.flabarrpptl.org)
Subject: [RPPTL LandTen] Tenants May Not Use Landlord's Mortgage Requirements as Defense to Lease Enforcement

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

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

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addressed herein. 

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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

Database:

FL-CS-ALL

Citation Text:

--- So.3d ----

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209

Documents:

1

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mfarach at richmangreer.com

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