[RPPTL LandTen] Prepaid or Last Month's rent issue

[David Weisman]

First, the clause as written converts the pre-paid rent to a fund for damages.

It would be less of a discussion if the lease provided for two months of security and no pre-paid rent.

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 Harry Heist
Sent: Wednesday, December 23, 2015 1:20 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Prepaid or Last Month's rent issue

Does anyone have an opinion on this clause?

“In the event the Tenant breaches the lease by vacating prior to the last month of the lease owing rent under the terms of the lease or leaves damages that exceed the security deposit, Tenant agrees that if the Landlord is holding any prepaid rent, the Tenant agrees these funds may be used for any damages or rent due under the terms of the lease and/or Florida law”

My partner feels that a “last month’s rent” can only be used for the “last month” of the lease and cannot be used for anything else.  This can create an absurd result of having to return a last month’s rent to a tenant who has damaged the premises in excess of the security deposit or owes many more month’s rent per the lease.

I disagree.

Thoughts?

Harry


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