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

Tue Jun 24 06:45:05 PDT 2014

While I am not proud of the outcome, we worked on this law for 2 years. It was vetoed once by Crist who made us take out a concession payback. Based on the legislative history, back and forth and all the rest, it is my feeling that the 60 days’ notice is meaningless and confusing.

I tell my clients that if they vacate with 1 day notice or give 60, they only will owe a max of 2 month’s rent.

The law needs to be fixed.

You could argue as well that if they don’t give the 60, it jumps down to #2

I really wish our group would take more initiative on this and clean some of this up.

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: Monday, June 23, 2014 5:20 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...

Sorry I read it too quickly. I see you did say in the addendum. 

Below is the language from the 2010 Fla Bar Forms

EARLY TERMINATION FEE/LIQUIDATED DAMAGES ADDENDUM

        [....] I agree, as provided in the rental agreement, to pay $_______ (an amount that does not exceed 2 months' rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.

[50 So.3d 524]

        [....] I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.

        _________________________
Signatures

[50 So.3d 525]

        I think the plain meaning of the language in the form is that the tenant terminates, moves out at any time after he terminates and the tenant is required to pay two additional months after he tenders the keys. If it is a month to month I don’t think the day the tenant moves out, if he moves out on the 3rd or 10th or 20th of the month, the tenant owes for the month he move plus 2 additional months.  I don’t think the tenant is required to stay two months and in addition must pay two months. 

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 Horky Law
Sent: Monday, June 23, 2014 5:02 PM
To: landten at lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...

The addendum is separate from the lease.

Sent from Anthony Horky's mobile email

From: Leonard Cabral

Sent: Monday, June 23, 2014 4:45 PM

To: lesstevens at earthlink.net; RPPTL Landlord Tenant Committee

Reply To: 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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