[RPPTL LandTen] Advance Rent and Unjust Enrichment After Eviction

[Anthony J. Horky]

To some degree it seems unfair to lose the entire year’s rent over a one-time incident. If anything, it’s a word to the wise to NOT negotiate a lump sum, single annual payment.   Perhaps the tenant should have attacked the landlord’s right to give a 7-day notice to terminate, as opposed to a 7-day notice to cure.

 

Regards, 

 


 

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Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

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www.horkylaw.com

 


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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Sunday, April 28, 2013 5:28 PM
To: RPPTL Landlord Tenant Committee (landten at lists.flabarrpptl.org)
Subject: [RPPTL LandTen] Advance Rent and Unjust Enrichment After Eviction

 

Here’s my quick blurb on this one:

A single rental payment, even if it is for the period of one year, means that the rental payment is not “advance rent” under Fla. Stat. § 83.43 (9) that must be segregated in a separate account under the Landlord Tenant Act. A tenant that pays for an entire year but is properly evicted under the Act before the end of the rental period may not claim unused rent as “unjust enrichment” to the landlord.

 

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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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