[RPPTL LandTen] Client Seeking Refund of Rent

Wed Sep 21 10:41:38 PDT 2016

Did your client prepay the entire year and was your client dispossessed by the foreclosing lender? It’s a tough case to win unless the answer to both questions is “yes”

Manuel Farach

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Joseph S. Hughes, Esq.
Sent: Wednesday, September 21, 2016 1:30 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Client Seeking Refund of Rent

Long story, but that isn't an issue in this case. He's collectible.
---
Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093
Office: (954)256-5125
Fax: (954) 256-5126
http://www.joehugheslaw.com

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On 2016-09-21 09:38, Sebastian Jaramillo wrote:
I'd be more worried about the likelihood of collecting on any judgment you may obtain. Given that Landlord is in foreclosure, what is the likelihood that he's collectible?

Sebastian Jaramillo, Esq.

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On Tue, Sep 20, 2016 at 7:04 PM, Joseph S. Hughes, Esq. <jhughes at joehugheslaw.com<mailto:jhughes at joehugheslaw.com>> wrote:

My client signed an agreement for one year as a tenant for the rental of a residential property. Unbeknownst to my client, the property went into foreclosure and was sold. However, the landlord continued collecting rent for two months after title to the property had transferred. The new owner (the bank) did not advise my client of the transfer of ownership nor charge rent during this period.

Is is worth my client suing to get the rent money back for the final two months? My concern is that there are arguably no damages since my client continued to reside at the property without interruption. Also, although the lease was effectively terminated at the time of the transfer of title, because an express contract existed at the onset of the tenancy, an unjust enrichment claim would fail.

--
Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093<tel:%28413%29%20687-2093>
Office: (954)256-5125<tel:%28954%29256-5125>
Fax: (954) 256-5126<tel:%28954%29%20256-5126>
http://www.joehugheslaw.com

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