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

[Leonard Cabral]

Anthony:
It was my understanding that the liquidated damages provision you are discussing was required to be on a separate page of the lease and signed to be enforceable. Anyone know if that changed?
Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com



From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Monday, June 23, 2014 3:14 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...

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<mailto:lesstevens at earthlink.net>

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


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