[RPPTL LandTen] I need clarification on 83.60

Mon Aug 3 13:57:27 PDT 2015

Campus Lodge is a private lessor. It is likely that the lease is a binding agreement. While I sympathize with the parent, I doubt that there is any relief and he is lucky that there is demand for the unit. Take the deal and pay them to get out.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Phone 954-491-1120 Ext. 1015
Direct Phone 954-343-6941
Direct Fax 954-343-6942

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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, August 03, 2015 4:16 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60

These types of college accommodations are licensed by Florida Division of Hotels and Restaurants<http://www.myfloridalicense.com/Dbpr/hr/index.html>. Maybe they can shed some light on the matter.
Leonard P. Cabral
Leonardcabral at lenslaw.com<mailto:Leonardcabral at lenslaw.com>

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Tequisha Myles
Sent: Monday, August 03, 2015 3:36 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60

I think trying the Fair Housing Act is an alternative path to take.  If the daughter is too ill to write the letter and submit the doctor's note then her father needs to do it on her behalf.

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Monday, August 03, 2015 2:20 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60

Is he entitled to an accomdation?

I am consious not to let this go too long since I am sure they won't re-rent unless he signs off.

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From: <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> on behalf of Tequisha Myles <tmyles at legalaidpbc.org<mailto:tmyles at legalaidpbc.org>>
Reply-To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Date: Monday, August 3, 2015 at 12:51 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60

The father should ask for a reasonable accommodation under the Fair Housing Act.  In the letter, ask that the landlord waive the fees as the accommodation.  The father will need to get a letter from the daughter's doctor stating that due to her severe medical condition she needs to remain home to receive care for her illness.

Tequisha Y. Myles, Esq.
Fair Housing and Elder Law Projects
Legal Aid Society of Palm Beach County, Inc.
423 Fern Street, Suite 200
West Palm Beach, FL 33401
(561) 655-8944 ext. 296
(561) 655-5269 Fax
tmyles at legalaidpbc.org<mailto:tmyles at legalaidpbc.org>

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Monday, August 03, 2015 10:16 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60

Committee members,

I had a  father call me whose daughter was to start at UF later this month.  He and his wife found her private housing and entered into a lease for the school year whereby the daughter would be in a unit to share with another student.   In June, the daughter became ill, was hospitalized, and now cannot attend school (at all this year and I don't know for how long) and will remain home.  The father notified the property mangager, Campus Lodge Apartments in Gainesville, by phone and email in June (as soon as they learned the daughter's prognosis) that the daughter will not be needing the housing and asked to cancel the lease.  The lease does not provide for an early termination fee.

The property manager stated that it still has other students waiting for housing and sent an email that it was in the process of cancelling.  Now the property manager has emailed that it wants a $200 "reassignment" fee and one month's rent as a termintion fee.  The rent is reasonable ($550 or $600/mo.).  I told him that rathter than have me write, research, and perhaps negotiate, he might as well pay the $800 because he could end up paying that or more in legal fees.  However, I thought I would put this out there in case anyone has experience with this type of housing and has any advise or is willing to speak with this man about taking on his case.

Understandably, the father is upset because with all that's going on with the daughter - who apparently is quite unwell- and feels that the landlord should just cancel, which he thought it was doing from the 1st email.   I have not read the lease, but the father said he read it and he reads that there is no way he can just cancel.

Thank you

Gioia DeCarlo

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