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

[Mike Davis]

So let's just put it as "in my opinion there's a risk that a judge might...".  That should limit it enough.

Mike

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Harry Heist
Sent: Monday, June 17, 2019 5:00 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

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> [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<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto: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<mailto: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)
www.bentleyandbruning.com<http://www.bentleyandbruning.com/>

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 Eric Jacobs
Sent: Monday, June 17, 2019 3:37 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto: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<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> on behalf of Jordan M Brill <jordan at glachmanbrill.com<mailto:jordan at glachmanbrill.com>>
Sent: Monday, June 17, 2019 3:31:53 PM
To: landten at lists.flabarrpptl.org<mailto: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
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(561)859-0679
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