[RPPTL LandTen] Hypo regarding last month's rent

[Jay Taplin]

1.       Yes, under these facts. I believe that you will find case law provides the general rule that payment of advance rent is a contractual promise by the tenant to make the payment whether or not the tenant uses the property for the future term.  It becomes the property of landlord upon payment, subject to landlord’s fulfillment of performance.

2.       Yes.

Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
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West Palm Beach, Florida 33401
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Monday, March 13, 2017 2:16 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Hypo regarding last month's rent

Harry:

Unless the lease has a termination right, it seems that the last month has not occurred and the tenant owes all of the rent to the end of the term. So the LMR can be applied to rent owed.

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

David.Weisman at gmlaw.com<mailto:David.Weisman at gmlaw.com>
www.GMlaw.com<http://www.gmlaw.com/>

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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 Harry Heist
Sent: Monday, March 13, 2017 2:02 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Hypo regarding last month's rent


1.      Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has done $1500 damages
Can landlord make a claim on the sec dep AND LMR


2.      Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has $1000 damages
April rent becomes due and LL is sending out claim on Sec Dep
Can landlord make a claim on the Sec Dep AND LMR

Bottom line question. Can LMR be used/claimed if it is not the last month of the lease or must it be returned even though tenant may owe rent or have damages that exceed the Sec Dep.?

Harry


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