[RPPTL LandTen] Death of Tenant

[Anthony J. Horky]

Members:  I have been presented with the following problem and seek your
opinions:

 

Tenant moves into a unit in a 55 and over community which has restrictions
on rentals less than one year and subletting.  The tenant pays the entire
year's rent in one lump sum.  Within a short period of time the tenant dies.
There is no provision for termination in the event of death.  The lease
states that it is binding upon and inures to the benefit of the tenant's
heirs, successors and assigns.  The heirs contact the landlord who refuses
to refund any of the rent money and the heirs are unable to sublet.
Landlord retakes possession and changes the locks.  After the heirs find out
the landlord has re-rented the unit, the landlord says he terminated the
lease.  Aware that the case, Alantis Estate v Pierro was recently
circulated, I reviewed the lease to see if this was a single, lump sum
annual payment or advance rent.  Under the section for deposits and payments
it states:

 

" X Advance rent in the amount of $XXXX for rental installment periods of
due OOOOOOO to be paid upon signing the lease."  The "XXXXX" represents the
annual amount and the "OOOO" represent the date of lease signing. This
section also contained a late charge amount and security deposit amount.
There was also a "Other____" provision for filling in different terms but
this was left blank.      

 

The issues as I see them are: 

(1)   Under Florida law, does a landlord have to refund rent money paid in a
lump sum, when the tenant dies unexpectedly and the lease does not expressly
state that it is a single annual payment?

(2)   Under Florida law, does a landlord have to refund rent money paid in a
lump sum, when the tenant dies unexpectedly and the landlord releases the
unit?

(3)   Under Florida law, if a lease agreement inures to the benefit of a
tenant's heirs, does the landlord have the right to terminate the lease when
rent is paid in a single annual payment?    

 

Any opinions will be greatly 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                    

 <http://www.horkylaw.com> www.horkylaw.com

 


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