[RPPTL LandTen] Survival of Material Lease Terms

Thu May 23 07:55:50 PDT 2013

I would argue that the "extended notice" was a negotiated item as
consideration of the Lease, but since they Tenant has now breached by
holding over, that is not what was "bargained for" by the Landlord and that
the provision for "extended notice" would no longer apply and the Statute
for month-to-month tenancies would control.I do not believe the Tenant can
"hide behind" the provision.

Any thoughts?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens at earthlink.net

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Heist, Weisse &
Wolk
Sent: Thursday, May 23, 2013 10:30 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Survival of Material Lease Terms

I feel that a "month to month" tenancy only requires at least 15 days prior
to the beginning of the next monthly rental period regardless of what the
prior written lease says although if the lease requires the LANDLORD to give
more than 15 days, it would be hard to get the LANDLORD out of it.

I have no cases BUT, years ago when we were getting the liquidated damages
into the law, and the penalty  for no notice prior to lease end, the
Governor at the time was real clear on the fact that we could not require
more than 15 days notice on month to month and the feeling was that the
whole essence of month to month is the 15 day deal.

As far as the survival of other lease terms/clauses, rent, late fees, etc I
feel they do survive. 

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 <http://www.evict.com/>  
Email: harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Wednesday, May 22, 2013 5:47 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Survival of Material Lease Terms

Members:  My understanding is that once a written lease expires and the
tenant remains in possession with the landlord's consent on a month-to-
month basis, the material terms of the original lease agreement survive.
Question:  If the lease required the tenant to provide 60-days' notice of
his/her intent to vacate, does that provision survive or may the tenant
provide the 15-days' notice prior to the end of the month-to-month lease
term?  

Any thoughts or case law is appreciated.  Thank you.     

Regards, 

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F. 561.989.3204                    

www.horkylaw.com

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