[RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...

[lesstevens]

It was my understanding when the law passed that the Liquidation Addendum
was to eliminate protracted eviction/damages litigation in the event the
Tenant just moves out (with or without notice).therefore the 60 days + would
not seem to fit, in my opinion.

 

 

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

 

____________________________________________________________________________
____________

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
IMMEDIATELY

 

 

 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, June 23, 2014 3:00 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] early termination fees....plus 60 days' notice?
C'mon already...

 

Hello all.  I ask for some guidance on the following issue.

 

Residential tenant has liquidated damages addendum for early termination
equal to two months' rent.  Paragraph 3 of the lease," Lease Term and
Termination Notice Requirements" states that the lease will automatically
renew on a month to month basis unless tenant provides 60 days' notice of
termination or intent to move out.  In the early termination addendum, it
states that landlord is entitled to all rent that accrued through the end of
the month in which it retakes possession.  

 

Landlord tells tenant he must give 60 days' notice and pay the 2 month early
termination fee.  I don't think that is correct-the purpose of the early
termination fees is just that, when a tenant decides to terminate the lease
prior to the end of the term. 

 

Your opinions on whether the tenant must give 60 days AND pay 2 months' rent
is invited and 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: 561.952.0096                    

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:  <mailto:ahorky at horkylaw.com>
ahorky at horkylaw.com.

-------------------------------------------------------

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.

 

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20140623/53c2405c/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 3209 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20140623/53c2405c/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 3984 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20140623/53c2405c/image003-0001.png>