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

[Harry Heist]

That is what I recommend but many clients want a LMR and tenants want to pay a LMR and then this situation arises all the time.  

 

Constantly.

 

Harry

 

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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 David Weisman
Sent: Wednesday, December 23, 2015 1:47 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Prepaid or Last Month's rent issue

 

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

 

cid:image006.jpg at 01CF99C8.29DF4240

 

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

 

 

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com



 <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> 


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