[RPPTL LandTen] Bad Faith Claim

Tue Feb 2 09:59:17 PST 2016

Helpful.
Thanks
Leonard P. Cabral, Esq.

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, February 02, 2016 10:02 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Bad Faith Claim

Hi Leonard.  Here is something I pulled from a tenant’s answer.  I did not review thelaw so I am unsure how much this may help.

Sepe v. City of Safety Harbor, 761 So.2d 1182, 1184 (Fla. 2d DCA 2000); Restatement (Second) of Contracts § 205 (1981). The purpose of the implied covenant of good faith is “to protect the reasonable expectations of the contracting parties.” Ins. Concepts & Design, Inc. v. Healthplan Services, Inc., 785 So.2d 1232, 1234–35 (Fla. 4th DCA 2001). See also Cox v. CSX Intermodal, Inc., 732 So.2d 1092, 1097 (Fla. 1st DCA 1999) (“[T]he implied covenant of good faith and fair dealing is designed to protect the contracting parties' reasonable expectations.”).

Regards,

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Anthony J. Horky, Esquire

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Tuesday, February 02, 2016 9:23 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Bad Faith Claim

Has anyone on this list ever brought a case for bad faith for violaiotn of Florida statute 83.44 Obligation of good faith which states “Every rental agreement or duty within this part imposes an obligation of good faith in its performance or enforcement”.
I assume it is a tort but cannot find anything that is not insurance related.
Leonard P. Cabral, Esq.
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