[RPPTL LandTen] 83.63 Termination by Landlord?

[Amanda Kison]

Albert:

If the tenant refuses to pay or leave, the landlord needs to remediate and abate rent until the remediation is complete. Technically, the tenant cannot withhold rent until they have given a 7 day demand.

Amanda R. Kison, Esq.
Bentley & Bruning P.A.
783 South Orange Ave.
3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.bentleyandbruning.com<http://www.bentleyandbruning.com/>

From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Mike Davis
Sent: Monday, June 03, 2019 1:41 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] 83.63 Termination by Landlord?

Albert
I am not aware of any provision in Part II allowing a landlord to terminate for casualty, or for that matter for repairs.  Of course, the hindsight answer is a lease provision requiring the tenant to vacate temporarily for repairs or permitting the landlord to terminate the lease for repairs.  Even a landlord lease allowing a landlord termination for casualty wouldn’t help as it is problematic if a water leak is a “casualty”.  My advice to clients in your situation is to negotiate with the tenant to vacate.

Mike
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<mailto:mike at mgfdlaw.com>
Primary Eservice: eservice at mgfdlaw.com<mailto:eservice at mgfdlaw.com>
www.mgfdlaw.com<http://www.mgfdlaw.com/>

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> On Behalf Of Alberto Cardet
Sent: Monday, June 03, 2019 10:31 AM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: [RPPTL LandTen] 83.63 Termination by Landlord?

Dear Group,

Facts are as follows, an apartment is damaged by a water leak from an upstairs apartment.  Wood floors and a substantial amount of drywall must be replaced.  Tenant verbally acknowledges the obvious problem, the landlord agrees to refund security deposit and advance rent, but, now tenant refuses to either leave or pay rent.

Section 83.63 allows for termination of a lease by the tenant in case of casualty damage.  How would the landlord terminate in case of casualty damage?

Albert

Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
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