[RPPTL LandTen] Massive fire

Fri Jun 6 07:08:37 PDT 2014

Perhaps we should look at this outside of Chapter 83.  Discharge of
contractual duties can arise  by "impossibility."  Here, nonperformance of
contractual duties are excused or discharged due to destruction of the
subject matter-the apartment. The parties are discharged from further
contractual performance unless otherwise provided in the lease.  If the
duties are discharged, the contract is terminated.  If the contract is
terminated, then so is the leasehold interest.  What about a force majeure
provision I the contract?  

Regards, 

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, June 06, 2014 9:19 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Massive fire

They did not "abandon" as defined by law. 

Harry

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, June 05, 2014 11:33 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Massive fire

Harry:

Just off the top of my head,  can't you get legal possession by the tenant's
abandonment?  I believe the statute allow for lawful possession if
abandoned.  

Leonard P. Cabral, Esq.

Leonardcabral at lenslaw.com

Tenants gave back possession of 3 of the apartments. 

2 apartments are holdouts.  They will not give up possession. They are
completely uninhabitable. The tenants do not live there, don't want to and
can't. One does not even have a roof, other is ready to cave in.

Lease has typical clause regarding ability to terminate in such a situation
so I prepared and LL served 

Eviction filing needed on the 2 or can we legally bypass?

This place is fried and has to be demolished.

Ideas? Opinions?

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
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