[RPPTL LandTen] Ramifications of Stalking Injunction Requiring a Party to Vacate a Rental Unit

[Harry Heist]

Mike, 

 

You had one county court judge in Jacksonville hold this and now "it's
interpreted by judges as the landlord releasing not only the excluded tenant
but also waiving one half of the rent." ???

 

What other judges have held this?  

 

Harry Heist

 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Mike Davis
Sent: Monday, June 17, 2019 4:52 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring
a Party to Vacate a Rental Unit

 

I also agree and point out the both lease signers have joint and severable
liability under the lease, regardless of one lease signer's inability to use
the premises.  Another point of interest, I caution that the excluded tenant
will want to get out of the lease.  If a landlord enters into any
termination or release agreement with the excluded tenant, it's interpreted
by judges as the landlord releasing not only the excluded tenant but also
waiving one half of the rent.  I had a landlord do just this in Jax some
years ago and that was the judge's holding on a 3Day eviction of the
remaining tenant.  

 

Mike

 

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From: landten-bounces at lists.flabarrpptl.org
<landten-bounces at lists.flabarrpptl.org> On Behalf Of Amanda Kison
Sent: Monday, June 17, 2019 4:06 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring
a Party to Vacate a Rental Unit

 

Agreed - Rent is still due. 

 

Amanda R. Kison, Esq.

Bentley & Bruning P.A.

783 South Orange Ave.

3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

 <http://www.bentleyandbruning.com/> www.bentleyandbruning.com

 

From: landten-bounces at lists.flabarrpptl.org
<landten-bounces at lists.flabarrpptl.org> On Behalf Of Eric Jacobs
Sent: Monday, June 17, 2019 3:37 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring
a Party to Vacate a Rental Unit

 

Rent is still due.  

 

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From: landten-bounces at lists.flabarrpptl.org
<landten-bounces at lists.flabarrpptl.org> on behalf of Jordan M Brill
<jordan at glachmanbrill.com>
Sent: Monday, June 17, 2019 3:31:53 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Ramifications of Stalking Injunction Requiring a
Party to Vacate a Rental Unit 

 

What are everyone's thoughts regarding when two individuals are tenants
under a lease, and Tenant "A" gets a domestic injunction against Tenant "B"
which requires Tenant "B" to vacate the unit?  How does the injunction
affect Tenant B's responsibilities to pay rent under the lease?  I have seen
it happen three times now, where a tenant is evicted by a domestic
injunction without a hearing, and the landlord is still demanding rent,
despite the tenant being subject to arrest for entering the unit.

 

Thanks,

 

Jordan 

 

Jordan Marcus Brill, Esq.

Glachman & Brill, P.A. 

6421 Congress Ave., Suite 120

Boca Raton, FL 33487

(561)859-0679

 <mailto:jordan at glachmanbrill.com> jordan at glachmanbrill.com

 <http://www.glachmanbrill.com/> www.glachmanbrill.com

 

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