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

jeff at eannarinolaw.com jeff at eannarinolaw.com
Thu Apr 9 10:22:42 PDT 2020


Thanks Jordan;

No money exchanged hands because it's not yet due.  Tenant paid an
application fee only.

 

 

 

 

Respectfully,

 

   Jeff

 

Jeffrey S. Eannarino

Attorney at Law

 



 

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff at eannarinolaw.com <mailto:Jeff at eannarinolaw.com> 
For Service of Documents, please email: eService at eannarinolaw.com
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From: landten-bounces at lists.flabarrpptl.org
<landten-bounces at lists.flabarrpptl.org> On Behalf Of Jordan M Brill
Sent: Thursday, April 9, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

 

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.

*sent via mobile phone

Jordan Marcus Brill, Esq.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan at glachmanbrill.com <mailto:jordan at glachmanbrill.com> 
www.glachmanbrill.com <http://www.glachmanbrill.com> 

 
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On Apr 9, 2020 1:08 PM, jeff at eannarinolaw.com <mailto: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

Attorney at Law

 



 

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff at eannarinolaw.com <mailto:Jeff at eannarinolaw.com> 
For Service of Documents, please email: eService at eannarinolaw.com
<mailto:eService at eannarinolaw.com> 

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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 Harry Heist
Sent: Thursday, April 9, 2020 12:53 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org
<mailto: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

 

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com



 <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> 


Visit us on Facebook

 


 

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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

 



 

500 S. Australian Ave., Fifth Floor

West Palm Beach, FL 33401

Telephone: (561) 935-9024

Fax: (561) 935-9022

Email: Jeff at eannarinolaw.com <mailto:Jeff at eannarinolaw.com> 
For Service of Documents, please email: eService at eannarinolaw.com
<mailto:eService at eannarinolaw.com> 

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or otherwise. Thank you.

 

 

 

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