[RPPTL LandTen] Survival of Material Lease Terms

Thu May 23 08:19:28 PDT 2013

I now see that this is a residential lease, so you can probably disregard the comments I just posted to a large extent.

Gregory

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick LLP
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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: Thursday, May 23, 2013 11:13 AM
To: lesstevens at earthlink.net; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Survival of Material Lease Terms

Thanks Les and Harry.  In my case, the landlord has made a claim on the tenant’s security deposit after the tenant gave 30 days’ notice that it was terminating the month to month tenancy.  Landlord claims that tenant needed to provide 60-days’ notice per the lease although the lease expired and the tenant has been living there, with landlord’s consent, on a month to month basis.

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<http://www.horkylaw.com>

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com<mailto:ahorky at horkylaw.com>.
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Thursday, May 23, 2013 10:56 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Survival of Material Lease Terms

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.
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From: landten-bounces at lists.flabarrpptl.org<mailto: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.
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Email: harry at evict.com<mailto:harry at evict.com>
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From: landten-bounces at lists.flabarrpptl.org<mailto: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<http://www.horkylaw.com>

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com<mailto:ahorky at horkylaw.com>.
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Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

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