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

Thu Apr 9 10:24:35 PDT 2020

The tenant may have terminated the tenancy but the rent obligation comes
from the lease.  Just like if you evict someone, you are terminating the
tenancy, not the lease.  Am I off on this? 

There is no auto forfeiture of the security deposit provided for in the
statute.  Once the lease date begins, if there is no new tenant in there,
the tenant owes rent which of course is not paid, thus can be deducted from
the Security Deposit after proper claim letter sent etc

If a landlord were to find a new tenant that moved in at the lease start
date, I feel the landlord would need to refund the deposit in full.

Harry

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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: Thursday, April 09, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee
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.
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Boca Raton, FL 33487
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jordan at glachmanbrill.com
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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

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