[RPPTL LandTen] Evictions still being filed?? / Force Majeure
jeff at eannarinolaw.com
jeff at eannarinolaw.com
Thu Apr 9 11:44:29 PDT 2020
Thank you Jordan;
There is no deposit as it's not due until move in on May 15 and the contract
is silent on pre-occupancy breach.
Respectfully,
Jeff
Jeffrey S. Eannarino
Attorney at Law
500 S. Australian Ave., Fifth Floor
West Palm Beach, FL 33401
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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 2:22 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure
I would argue there is no tenancy created prior to the landlord delivering
possession or the start date of the lease and that the tenancy isn't created
by signing the lease. If you never become a tenant, what is there to
terminate? A lease is a contract. A valid and enforceable contract
requires offer, acceptance, and consideration.not just a signature. The
principals of contract law would then apply. Two parties can sign a contract
and either party may terminate / breach. In signing the standard lease, what
consideration is being provided by the landlord to the tenant? The future
leasehold interest? The contract does not say what happens to the deposit
in the event of a default, breach, or termination prior to delivery of
possession or lease commencement. Since the contract doesn't say what
happens to the security deposit, what principal is being relied on to retain
the deposit?
I guess now that I have talked this over, the argument for a landlord would
be that the consideration provided is the future leasehold interest has been
conveyed in exchange for the security deposit, and because the tenant
breached the lease (by not making a payment) or anticipatorily breached by
terminating prior to the start date, the landlord is entitled to retain the
deposit.
Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
<mailto:jordan at glachmanbrill.com> jordan at glachmanbrill.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 1:25 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
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
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
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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 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.
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>
The information contained in this email message is intended for review and
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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>
A Referral is the Biggest Compliment You Can Give Our Law Firm.
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