[RPPTL LandTen] Recent Case re Conditions Precedent

Eric Jacobs ejacobs at beloffparker.com
Tue Apr 9 03:49:58 PDT 2013


I consulted on this case very briefly at the end and really feel that this case was a terrible decision but has somewhat unique facts in that the central issue surrounded the tenant's position that it had never actually occupied the premises.  Still, the opinion is worded such as a way as it will be most assuredly used the way you suggest.  I would have liked to have seen a petition for rehearing en banc or further appellate efforts but it was not to be.

Eric Jacobs
Beloff |  Parker | Jacobs

From: Dennis Chen <dennis at chenlaw.net<mailto:dennis at chenlaw.net>>
Reply-To: RPPTL Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Date: Tue, 9 Apr 2013 00:59:47 -0400
To: RPPTL Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] Recent Case re Conditions Precedent

RSG, LLC v Lenet, 2013 LEXIS 2614; 38 Fla. L. Weekly D 399 (February 20, 2013)

This case appears to provide that a residential tenant is entitled to an evidentiary hearing to determine if conditions precedent have been met before the tenant is required to place rent in the registry.

Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:   (407) 392-1872<tel:%28407%29%20392-1872>
Fax: 1-866-571-3421<tel:1-866-571-3421>
dennis at chenlaw.net<mailto:dennis at chenlaw.net>

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