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

Mon Jun 23 13:52:49 PDT 2014

I believe an appellate opinion just came out overturning the lower court
ruling. Trying to locate the opinion. See below.

Landlord-tenant -- Contracts -- Leases -- Early termination fee --
Liquidated damages -- When a tenant and landlord execute an addendum
choosing remedy of liquidated damages or early termination fee pursuant to
section 83.595, the remedy is enforceable if the addendum is executed at the
same time as the lease, which does not make provision for the remedy, as
part of the same transaction -- Trial court erred in concluding that
addendum is unenforceable if lease does not include a similar provision

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, June 23, 2014 4:45 PM
To: lesstevens at earthlink.net; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice?
C'mon already...

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

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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: 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

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have created and notify me immediately at:  <mailto:ahorky at horkylaw.com>
ahorky at horkylaw.com.

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