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

Thu Apr 9 12:01:13 PDT 2020

Thanks for the language, Jeff.  Who is “we” in the context of this lease? Based on the last sentence, it looks like “we” would be the landlord and “you” would be the tenant, such that this FM provision was only intended to benefit the landlord.  I’m not aware of any automatic standard (like 57.105 with a unilateral attorneys’ fees provision) for flipping these provisions to make them mutual.

So, aside from the highly practical considerations (agree with Harry), I don’t see this section winning the day for the tenant on its own.

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of jeff at eannarinolaw.com
Sent: Thursday, April 9, 2020 1:14 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

Thanks Henry;
Good point and why I asked for feedback.   We are talking about a large apartment building with shared elevator, hallways and common facilities.  If a doctor tells someone not to go out in public, then I think that person has a legit argument they are excused from the event of moving and taking possession.  My understanding of a pandemic is that it is an epidemic on steroids.  Here is the provision:

FORCE MAJEURE: If we are prevented from completing
performances of any obligations hereunder by an act of God, strikes,
epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado,
sabotage, or other occurrence which is beyond the control of the
parties, then we shall be excused from any further performance of
obligations and undertakings hereunder, to the full extent allowed
under applicable law.
Furthermore, if such an event damages the property to materially
affect its habitability by some or all residents, we reserve the right
to vacate any and all leases and you agree to excuse us from any
further performance of obligations and undertakings hereunder,
to the full extent allowed under applicable law.

Respectfully,

   Jeff

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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 Wulf, Henry
Sent: Thursday, April 9, 2020 1:00 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

What does the entire force majeure provision state?  I was under the impression that FM only suspends performance during the FM event.  Unless the specific provision provides otherwise, I do not think that the party, whose performance is prevented due to the FM event, has the right to totally cancel the contract at issue.  Not 100% sure – did not research.

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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 jeff at eannarinolaw.com<mailto:jeff at eannarinolaw.com>
Sent: Thursday, April 9, 2020 12:32 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’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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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: Monday, April 6, 2020 4:29 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: [RPPTL LandTen] Evictions still being filed??

This is bizarre.  Hillsborough, Pinellas, Pasco, Sarasota filing non payment evictions like nothing has happened.

We won’t dare do it at this point.

What the heck is happening?

Harry

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