[RPPTL LandTen] Occupancy requirement

Fri Jan 6 07:28:41 PST 2017

Just to play devil's advocate, but if Landlord doesn't deliver possession
of the premises, then the defense of lack of occupancy would be a
legitimate defense.

*Sebastian Jaramillo, Esq.*

Florida Board Certified in Real Estate Law

66 W. Flagler St Suite 500 Miami, FL 33130
Tel:  (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com

For payments please click here
<https://secure.lawpay.com/pages/jblaw/operating>.

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.
This message contains confidential information and is intended only for the
individual named. If you are not the named addressee you should not
disseminate, distribute or copy this e-mail. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system. If you are not the intended recipient
you are notified that disclosing, copying, distributing or taking any
action in reliance on the contents of this information is strictly
prohibited.
IMPORTANT TAX NOTICE: This communication is not written to be used, and
cannot be used, by a taxpayer for the purpose of avoiding penalties that
may be asserted against the taxpayer under the Internal Revenue Code of
1986, as amended.

On Fri, Jan 6, 2017 at 10:16 AM, Mike Davis <mike at mgfdlaw.com> wrote:

> I agree with Harry.  A lease is a contract and the L/T relationship is
> irrelevant.  As a matter of contract law once you have it fully executed
> and delivered, a contract is binding.  Where most landlords slip-up is
> "delivery".  If the landlord doesn't deliver a signed copy of the lease,
> than it is not binding until delivery.  A tenant withdrawal before delivery
> presents a problem that isn't relevant to your situation if the landlord
> delivered.
>
> The tenant's refusal to honor the lease (contract) is an anticipatory
> breach and contract/damages law on anticipatory breaches applies.  The
> issue is damages and the landlord's duty to mitigate damages.  In this up
> market the rental may be able to be re-rented before the scheduled move-in
> or shortly thereafter, leading to no or minimal damages.  Commissions,
> admin expense, rent for time between move-in date and new tenant's move-in
> date, etc. may be the only damages.
>
> Michael Geo. F. Davis
> Attorney at Law
> The MGFD Law Firm PA
> Countryside Colonial Center
> 2753 SR 580, Suite 209
> Clearwater, FL 33761-3351
> P 727-726-1900
> F 727-726-7440
> mike at mgfdlaw.com
> Primary Eservice: eservice at mgfdlaw.com
>
> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
> INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
> DISTRIBUTION IS STRICTLY PROHIBITED.  THIS E-MAIL AND ITS ATTACHMENTS ARE
> CONFIDENTIAL AND INTENDED TO BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE
> AND/OR WORK PRODUCT DOCTRINE.  ANY USE INCONSISTENT WITH THESE PROTECTIONS,
> INCLUDING UNAUTHORIZED FORWARDING TO THIRD PARTIES, IS STRICTLY PROHIBITED.
>
> -----Original Message-----
> From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.
> flabarrpptl.org] On Behalf Of Harry Heist
> Sent: Friday, January 06, 2017 9:55 AM
> To: 'RPPTL Landlord Tenant Committee'
> Subject: Re: [RPPTL LandTen] Occupancy requirement
>
> Occupancy has no relevance.
>
> 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:  www.evict.com
> Email: harry at evict.com
>
>
> Visit us on Facebook
>
>
>
>
> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
> INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
> DISTRIBUTION IS STRICTLY PROHIBITED.
>
>
> -----Original Message-----
> From: landten-bounces at lists.flabarrpptl.org
> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Todd Allen
> Sent: Thursday, January 05, 2017 9:31 PM
> To: landten at lists.flabarrpptl.org
> Subject: [RPPTL LandTen] Occupancy requirement
>
> Is anyone aware of a requirement that a residential tenant must take
> occupancy of the property before the lease can be effective?  Never
> encountered this defense before.
>
> Seems to me that once the lease is signed it's effective, regardless of
> the tenant taking occupancy.
> --
> CONFIDENTIALITY NOTICE: This message contains information from Lindsay &
> Allen, PLLC that may be privileged and/or confidential. If you are not the
> addressee, please be advised that any disclosure, copying, distribution or
> other use of the contents of this message is prohibited. If you are the
> intended recipient and a client of the law firm, please preserve your
> attorney-client privilege by NOT showing this message to others and keeping
> its contents confidential.
>
> UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns
> negotiation of a contract or agreement, unless otherwise expressly stated
> in writing, the Uniform Electronic Transactions Act does not apply to this
> communication. Contract formation in this matter occurs subject to our
> clients' final review and manually affixing of original signatures on
> original documents.
>
> EVIDENTIARY PRIVILEGE: To the extent that this message is a communication
> to settle a claim, all evidentiary limitations on its use are hereby
> expressly made applicable to its contents.
>
> FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that
> this message is an effort to collect a consumer debt, you are hereby
> notified that this is a communication from a debt collector and that all
> information provided in response to this message may be used for debt
> collection purposes.
>
> _______________________________________________
> landten mailing list
> landten at lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
>
>
> _______________________________________________
> landten mailing list
> landten at lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
>
> _______________________________________________
> landten mailing list
> landten at lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20170106/3fa3db03/attachment.html>