[RPPTL LandTen] Who is responsible for replacement of

Wed Oct 9 08:53:02 PDT 2013

I agree with Neil, the law in Florida places the duty or burden on the
non-residential tenant for repairs unless the language on the lease
affirmatively makes the landlord responsible.  See City of St. Petersburg v
Competition Sails 449 So.2d 852 (Fla. 2nd DCA 1984)

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783

On Wed, Oct 9, 2013 at 11:08 AM, Heist, Weisse & Wolk <harry at evict.com>wrote:

> Whoops.****
>
> ** **
>
> Yes, residential. I did not see that.****
>
> ** **
>
> Harry****
>
> ** **
>
> *LAW OFFICES OF
> HEIST, WEISSE & WOLK P.A.
> PH: 1 800 253 8428
> FAX: 1 800 367 9038
> "Serving the Property Management Professional"
> Website:  www.evict.com
> Email: harry at evict.com*
>
> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
> INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
> DISTRIBUTION IS STRICTLY PROHIBITED.****
>
> ** **
>
> ** **
>
> *From:* landten-bounces at lists.flabarrpptl.org [mailto:
> landten-bounces at lists.flabarrpptl.org] *On Behalf Of *Arthur J. Menor
> *Sent:* Wednesday, October 09, 2013 11:05 AM
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* Re: [RPPTL LandTen] Who is responsible for replacement of air
> conditioning unit when the lease is silent except for tenant's duty to
> maintain?****
>
> ** **
>
> Harry, I assume that you are referring to the residential lease setting.
>  I think Chip's inquiry relates to a non-residential lease and I think the
> analysis is different in that arena.
>
> Sent from my iPad****
>
>
> On Oct 9, 2013, at 11:02 AM, "Heist, Weisse & Wolk" <harry at evict.com>
> wrote:****
>
> I don’t have anything to base this on but I feel it is the landlord's
> responsibility unless it is made the tenant's in the lease.****
>
>  ****
>
> I tell my clients that if they want to make something the tenant's
> responsibility or disclaim responsibility for repairs or replacements, they
> need to make this clear in the lease.****
>
>  ****
>
> Some items which become real problems and are often not addressed in the
> lease: ****
>
> 1. The pool heater (just had this situation, cost the owner $2000)****
>
> 2. A window A/C (very commonly found in the Florida room)****
>
> 3. A/C****
>
> 4. The extra fridge/freezer in the garage (see it all the time)****
>
> 5. The gas grill plumbed to the big LP tank****
>
> 6. The Jacuzzi tub (huge money to repair due to tiling issues)****
>
> 7. Irrigation system (just had this situation with one of my houses, cost
> me $800)****
>
>  ****
>
> My feeling is based on how judges seem to rule. If it is on the property
> and was not specifically excluded, it needs to work even if it is not a
> landlord responsibility in the law. More of a contract/implied
> merchantability thing.****
>
>  ****
>
> I have absolutely no law to back it up. It just seems to be the attitude
> judges take so I am going to go with that.****
>
>  ****
>
> Harry****
>
>  ****
>
> *LAW OFFICES OF
> HEIST, WEISSE & WOLK P.A.
> PH: 1 800 253 8428
> FAX: 1 800 367 9038
> "Serving the Property Management Professional"
> Website:  www.evict.com
> Email: harry at evict.com*****
>
> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
> INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
> DISTRIBUTION IS STRICTLY PROHIBITED.****
>
>  ****
>
>  ****
>
> *From:* landten-bounces at lists.flabarrpptl.org [
> mailto:landten-bounces at lists.flabarrpptl.org<landten-bounces at lists.flabarrpptl.org>]
> *On Behalf Of *Neil B. Shoter
> *Sent:* Wednesday, October 09, 2013 10:46 AM
> *To:* 'RPPTL Landlord Tenant Committee'
> *Subject:* Re: [RPPTL LandTen] Who is responsible for replacement of air
> conditioning unit when the lease is silent except for tenant's duty to
> maintain?****
>
>  ****
>
> Chip, I think it’s opposite. Of course, it depends on your lease language
> (and if any statutes apply, i.e., residential), but I believe the
> traditional common law is that unless made a landlord obligation, the
> Tenant is responsible for repair/maintenance of its premises. This goes
> back to original common law where the landlord leased the premises and had
> no obligations at all.  There are probably cases on this, I will check if I
> have any.****
>
>  ****
>
> Neil****
>
>  ****
>
> <image001.jpg>****
>
> *Neil B. Shoter** *
> *Partner / LEED Accredited Professional*  ****
> ------------------------------
>
> *Shutts* *& Bowen LLP*
> CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 *|* West Palm
> Beach, FL 33401
> Direct: (561) 650-8535 *|* Fax: (561) 822-5525
> E-Mail <NShoter at shutts.com> *|* Biography<http://www.shutts.com/attorneys-Neil-Shoter.html>
> *|* V-Card <http://www.shutts.com/vcard-181.vcf> *| *Website<http://www.shutts.com>
> ****
>
>  ****
>
>  ****
>
> *From:* landten-bounces at lists.flabarrpptl.org [
> mailto:landten-bounces at lists.flabarrpptl.org<landten-bounces at lists.flabarrpptl.org>]
> *On Behalf Of *Roland Waller
> *Sent:* Wednesday, October 09, 2013 10:32 AM
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* Re: [RPPTL LandTen] Who is responsible for replacement of air
> conditioning unit when the lease is silent except for tenant's duty to
> maintain?****
>
>  ****
>
> Is the landlord responsible to replace air conditioning units if the lease
> is silent as to the responsibility?  Are there any cases on this?****
>
>  ****
>
> I represent the tenant and have taken the position the lease spells out
> the responsibilities of the tenant.  If the lease does not require the
> tenant to do sometime then the landlord is responsible.****
>
>  ****
>
> Thanks for any help****
>
>  ****
>
> *Roland "Chip" Waller*****
>
> *Waller & Mitchell*****
>
> *5332 Main Street*****
>
> *New Port Richey, FL 34652*****
>
> *Office: (727) 847-2288*****
>
> *Fax: (727) 848-4183*****
>
> *Email:* roland.waller at rdwaller.com****
>
> *E-service: *pleadings at rdwaller.com****
>
>  ****
>
> *The mission of Waller & Mitchell is to take a genuine interest in our
> clients, understand their objectives and meet or exceed their expectations
> in a timely manner.  We strive to provide superior legal services and
> maintain the highest standards of professional integrity.*****
>
>  ****
>
> *From:* landten-bounces at lists.flabarrpptl.org [
> mailto:landten-bounces at lists.flabarrpptl.org<landten-bounces at lists.flabarrpptl.org>]
> *On Behalf Of *James Zink
> *Sent:* Wednesday, October 09, 2013 10:08 AM
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* Re: [RPPTL LandTen] Strange but not uncommon scenario****
>
>  ****
>
> I would say yes to both, unless there are other damages to the property.
> Can still come back and sue him/her later on if there are additional
> damages, but considering the language of the statute, it seems pretty
> strict as far as what you can keep. ****
>
>  ****
>
> James Zink, Esq.****
>
> Florida Rural Legal Services, Inc.****
>
> 3111 South Dixie Highway, Suite 140****
>
> West Palm Beach, FL 33405****
>
> Phone: (561) 820-8902 x. 6025****
>
> Fax: (561) 820-8892****
>
>  ****
>
> *The information contained in this e-mail, including any attachment(s),
> is intended solely for use by the named addressee(s). If you are not the
> intended recipient, or a person designated as responsible for delivering
> such messages to the intended recipient, you are not authorized to
> disclose, copy, distribute or retain this message, in whole or in part,
> without written authorization from the sender.  If you have received this
> message in error, please notify the sender immediately*****
>
>  ****
>
> *From:* landten-bounces at lists.flabarrpptl.org [
> mailto:landten-bounces at lists.flabarrpptl.org<landten-bounces at lists.flabarrpptl.org>]
> *On Behalf Of *Heist, Weisse & Wolk
> *Sent:* Tuesday, October 08, 2013 1:48 PM
> *To:* 'RPPTL Landlord Tenant Committee'
> *Subject:* [RPPTL LandTen] Strange but not uncommon scenario****
>
>  ****
>
> Rent is $500 a month. Tenant pays security deposit of $500 and a last month's rent of $500 OR, tenant pays an $800 security deposit and no last month's rent.****
>
>  ****
>
> Tenant pays rent September 1 and breaks lease and vacates  September 15, 3 months into a 1 year lease.****
>
>  ****
>
> Tenant has given written notice to break lease and gave his forwarding address. ****
>
>  ****
>
> 30 day clock starts ticking on the Notice of Intention to Impose Claim.****
>
>  ****
>
> Landlord has 30 days to send Notice of Intention to Impose Claim out.****
>
>  ****
>
> On October 1, October rent is owed.  October 10, Landlord sends out Notice of Intention to Impose Claim.****
>
>  ****
>
> Obviously, they can claim October rent of $500.****
>
>  ****
>
> What happens to the last month's rent landlord is holding or any excess if the security deposit is $800?****
>
>  ****
>
> Since acceleration is not a remedy and the remedies are set forth in the FS 83.595 and cannot be outside of this per the Equity/Yates Case of 2003, does the landlord have to return the last month's rent he is holding? Does he have to return the $300 if he had an $800 security deposit?****
>
>  ****
>
> Harry****
>
>  ****
>
> *LAW OFFICES OF
> HEIST, WEISSE & WOLK P.A.
> PH: 1 800 253 8428
> FAX: 1 800 367 9038
> "Serving the Property Management Professional"
> Website:  www.evict.com
> Email: harry at evict.com*****
>
> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
> INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
> DISTRIBUTION IS STRICTLY PROHIBITED.****
>
>  ****
>
>
> _____________________________________________________________
> *IRS CIRCULAR 230 NOTICE:* Pursuant to recently enacted U.S. Treasury
> Department Regulations, we are now required to advise you that, unless
> otherwise expressly indicated,any federal tax advice expressed above was
> neither written nor intended by the sender or this firm to be used and
> cannot be used by any taxpayer for the purpose of avoiding penalties that
> may be imposed under U.S. tax law. If any person uses or refers to any such
> tax advice in promoting, marketing or recommending a partnership or other
> entity, investment plan or arrangement to any taxpayer, then the advice
> should be considered to have been written to support the promotion or
> marketing by a person other than the sender or this firm of that
> transaction or matter, and such taxpayer should seek advice based on the
> taxpayer's particular circumstances from an independent tax advisor.
>
> The information in this email transmission is privileged and confidential.
> If you are not the intended recipient, nor the employee or agent
> responsible for delivering it to the intended recipient, you are hereby
> notified that any dissemination or copying of this transmission (including
> any attachments) is strictly prohibited. If you have received this email in
> error, please notify the sender by email reply.
> Thank you.****
>
> _______________________________________________
> landten mailing list
> landten at lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten****
>
>
> _______________________________________________
> landten mailing list
> landten at lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20131009/ac36b5f8/attachment-0001.html>