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

[Horky Law]

I think its analogous to whether a tenant still owes rent if they are  in jail.   If that tenant commits a crime and is in jail;, the landlord is not required to abate the rent and hold the premises open while the tenant spends 60 days in the clinker.  In my opinion, I say yes, the tenant's constructive dispossession by the restraining order should not void the contract thereby releasing the tenant from his or her contractual obligations.  As for any agreement between the two tenants to share in paying the rent, says 50/50, that was not an agreement the landlord entered into.  The lease has two signors and both are jointly and severally liable for the full amount of rent each month.



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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jordan M Brill
Sent: Monday, June 17, 2019 3:32 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.
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Boca Raton, FL 33487
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