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

[Robert Wunker]

Key to the Plakhov decision was that the subject lease did not restrict the use of the security deposit.  Rather than stating in the leases that the security deposit shall be applied against damages to the property, I state that the security deposit is to be applied against any breach of the lease (the lease specifies the duty of the tenant to maintain it in good condition etc).  Thus, failure to pay rent is a breach as is any failure to abide by other covenants.

> On Dec 28, 2015, at 11:31 AM, Dennis Chen <dennis at chenlaw.net> wrote:
> 
> Harry,
> 
> I agree with you.  I think the clause would help.
> 
> This case may be helpful.  Plakhov v Serova, 126 So. 3d 1221 (Fla. 4DCA 2012)
> 
> 
> Dennis
> 
> 
> Dennis A. Chen, Esq.
> Chen Law Firm, PA
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> On Wed, Dec 23, 2015 at 1:20 PM, Harry Heist <harry at evict.com <mailto:harry at evict.com>> wrote:
> 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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