[RPPTL LandTen] [RPPTL LandTenCL] Emotional Support Animal CLE credit information

Thu Oct 10 06:00:49 PDT 2019

Broadly speaking, there is no "duty to mitigate" under Florida law and certainly no duty for a landlord to do so.  Williams v. Aeroland Oil Company, 20 So. 2d 346 (Fla. 1944), holds:
It seems to be reasonably well settled by the weight of authority that upon the breach, abandonment or renunciation of a lease by the lessee before the expiration of the term the lessor has the choice of one of three courses of action: He may treat the lease as terminated and resume possession of the premises, thereafter using the same exclusively as his own for his own purposes; or, he may retake possession of the premises for the account of the tenant, holding the tenant in general damages for the difference between the rentals stipulated to be paid and what, in good faith, the landlord is able to recover from a reletting; or, he may stand by and do nothing, and sue the lessee as each installment of rent matures, or for the whole when it becomes due.

As to the "duty to mitigate," the Notes on Use for Florida Business Jury Instruction 504.9 states:
This instruction is intended primarily for use in exclusive contract cases when the defense of mitigation of damages has been asserted, as non-exclusive contracts are generally considered an exception to the doctrine of avoidable consequences. See Graphic Assocs., Inc. v. Riviana Rest. Corp., 461 So.2d 1011, 1014 (Fla. 4th DCA 1984); Calimari and Perillo, THE LAW OF CONTRACTS § 14-16. This instruction does not use the somewhat inaccurate term “duty to mitigate” damages because “[t]here is no actual ‘duty to mitigate,’ because the injured party is not compelled to undertake any ameliorative efforts.” Sys. Components Corp. v. Fla. Dep’t of Transp., 14 So.3d 967, 982 (Fla. 2009).

Manuel Farach
McGlinchey Stafford
p: (954) 356-2528
One E Broward Blvd, Ste 1400 | Fort Lauderdale, FL 33301

-----Original Message-----
From: landtencl-bounces at lists.flabarrpptl.org <landtencl-bounces at lists.flabarrpptl.org> On Behalf Of Wulf, Henry
Sent: Thursday, October 10, 2019 8:52 AM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Cc: landtenCL at lists.flabarrpptl.org
Subject: Re: [RPPTL LandTenCL] [RPPTL LandTen] Emotional Support Animal CLE credit information

Has Landlord retaken possession of the premises or is Tenant still in possession?

Sent from my iPhone

On Oct 10, 2019, at 8:48 AM, Lloyd Granet <lgranet at granetlaw.com> wrote:

In a commercial lease which provides “Landlord shall have no such obligation to relet the Premises, and Landlord's failure or refusal to do so, or failure to collect rent on reletting, shall not affect Tenant's liability hereunder."  is there any law which provides the landlord continues to have an obligation to relet and mitigate?

I represent Landlord and am being told that we are required to mitigate.

This email message was sent by:
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Christopher A. Sajdera
Sent: Friday, September 27, 2019 11:11 AM
To: 'landten at lists.flabarrpptl.org' <landten at lists.flabarrpptl.org>; 'landtenCL at lists.flabarrpptl.org' <landtenCL at lists.flabarrpptl.org>
Cc: Christopher A. Sajdera <cas at sk-attorneys.com>
Subject: [RPPTL LandTen] Emotional Support Animal CLE credit information

Good morning:

Please see the attached for those who attended this CLE at the Convention.

Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law

Sajdera Kim, PLLC
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Suite 210
Boca Raton, Florida 33431
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Direct: 561-910-3082
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