[RPPTL LandTen] Evictions still being filed?? / Force Majeure

Thu Apr 9 10:13:15 PDT 2020

I have always been curious what theory attorneys use to support the position that a landlord is entitled to keep a security deposit, under the standard lease for a residential property, if the tenant terminates the lease prior to the start of the lease.  The landlord has not provided any consideration and not tendered possession of the property.  There is no provision in the Florida bar standard residential lease which allows the landlord to retain the security deposit.  This is different from a far bar sale contract which explicitly sets forth what happens in the event of a default with respect to the deposit.

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Jordan Marcus Brill, Esq.
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On Apr 9, 2020 1:08 PM, jeff at eannarinolaw.com wrote:
Thanks Harry;
I sense a judge may not be happy seeing a plaintiff in court trying to extort 2 month rent penalty from a tenant where contract language clearly provides for excusal of an obligation due to epidemic.

Respectfully,

   Jeff

Jeffrey S. Eannarino
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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Harry Heist
Sent: Thursday, April 9, 2020 12:53 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I have been dealing with a load of these.

I am making a recommendation to my clients to let the tenant out and return the money.

As to the law, I have no clue, but, “What would a judge do”?

Harry

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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 jeff at eannarinolaw.com<mailto:jeff at eannarinolaw.com>
Sent: Thursday, April 09, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I’d like to get the group’s thoughts on force majeure.  T & LL sign a lease in early March with move in date of mid-May.  T suffers from an immune deficiency and has been instructed by his doctor to stay put at home.  T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days.  Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics.

Respectfully,

   Jeff

Jeffrey S. Eannarino
Attorney at Law

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