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

Tue Jun 24 11:24:43 PDT 2014

All I can say was that I was there every step of the way creating this
horrible mess of a law and the whole idea was to limit it to 2 months total.
If they gave 60 days, they were in "good standing" whatever the heck that
means. If anyone has ever been involved in drafting, the amendment process
can really mess it all up so I don't take the blame. We were desperate at
that time to get in a liquidated damage and this was the best we could do
rather than kill it.

Crist made us remove the concession payback that was in an older version and
when we testified and answered questions, the whole idea was that 2 months
was considered reasonable plus any amount owing at the time of the lease
break.

4 months would not fly nor was it ever discussed or asked for. This was what
got Equity and the others in such trouble.

These are very easy fixes and I really would like to see us take these up.
It is clear that we can't agree on something as basic as this and this
simply means the wording needs to be changed. Millions and millions of
dollars were quietly paid out by my clients settling so many of these class
actions and many of our clients, despite the 2003 suits and settlements are
going right back to their old ways.

Harry

LAW OFFICES OF 
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Email:  <mailto:harry at evict.com> harry at evict.com

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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: Tuesday, June 24, 2014 2:06 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice?
C'mon already...

Thanks everyone for their opinions and analysis.  There is no issue or
argument that so long as the tenant remains in possession, it has to pay
rent.   Possession = pay rent.  The issue with my scenario is whether the
landlord can require a tenant to give sixty days' notice AND pay 2 months in
liquidated damages.  In other words, get four months of rent monies out of a
tenant after a tenant has elected to terminate the lease early.  That does
not make sense.  For those who take the position that the landlord can
require both 60 days' notice and 2 months' rent, that begs the question:
what happens when the tenant gives less than sixty days' notice and simply
hands over the keys?  Is the landlord entitled to sue the tenant for the
rent covering the 60 days?  If so, than what is the true purpose of the
early termination option?       

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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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of James Zink
Sent: Tuesday, June 24, 2014 10:09 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] early termination fees....plus 60 days' notice?
C'mon already...

I think some facts are necessary to fully determine the answer to your
question. If you are asking can a landlord require a tenant provide 60 days
notice to terminate a lease early and the two months early termination fee
while the defendant remains there for those 60 days, the answer would be
yes, meaning the tenant would pay a total of 4 month's rent to have the
lease terminate early. The statute pretty clearly says that an early
termination fee can require 60 days notice to initiate. If, however, the
tenant simply leaves and provides notice that day, the landlord is only
entitled to the rent for that month, plus the liquidated damages/early
termination if it was agreed upon. Put simply, the statute seems clear that
a landlord is entitled to rent for when the tenant uses the property through
the end of the month in which it is used plus up to two months in damages,
whether you call it liquidated damages or early termination. 

If your question is if a tenant fails to provide 60 days notice and the
lease goes month to month, I think that is a different answer. If the tenant
leaves at the end of the lease, although not having provided a notice to
terminate, you would be suing for damages under a month to month tenancy,
not for early termination, and would only at best be entitled to an
additional month in rent which is all the landlord would reasonably be
allowed under the statute as presumably he would be notified the tenant is
out well before 15 days before rent is due. 

Again, need more facts to see if this answers your q, but I think it does. 

James Zink, Esq.

Florida Rural Legal Services, Inc.

3111 South Dixie Highway, Suite 140

West Palm Beach, FL 33405

Phone: (561) 820-8902 x. 6025

Fax: (561) 820-8892

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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

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.

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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
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cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
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