[RPPTL Leasing Committee] NAA Lease

[RPPTL Real Estate Leasing Committee]

NAA APARTMENT LEASE ISSUES – 2022 VERSION
While we consider the NAA an excellent lease/addenda, we note the following important deficiency: Paragraph 27.  No temporary vacating for repairs.

Paragraph 27.  Requests for Repairs and Malfunctions – There is no landlord right to demand temporary vacating for repairs.  There are repairs that the landlord or landlord’s vendor will want or need the temporary vacating of the tenant for a short period.  The landlord’s only Lease option in the last subparagraph is to permanently terminate the lease, subject to that subparagraph’s limitations. Even if the landlord offers comparable accommodations or offers to pay for a motel for the short period, the uncooperative tenant can refuse or otherwise leverage the landlord with unreasonable monetary demands or termination of the lease.  (Note that temporary vacating in Paragraph 25 Pest Control only applies to extermination.)  We advise our clients to use the “Additional Special Provisions” to auto-fill with language granting the landlord the right to require temporary vacating with the landlord’s only duty to rebate the rent during the temporary vacating.  This allows the landlord maneuvering room to negotiate reasonable alternative accommodations, since the landlord has no duty to provide alternative accommodations.

Paragraph 27
Although not technically a deficiency, we note that the Lease is somewhat misleading at Paragraph 27, 2nd subparagraph.  “Air conditioning problems are not emergencies.”  Florida courts hold a/c is an emergency repair depending on outside temp and a/c cooling temp.


Mike
Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209, Clearwater, FL 33761-3351
P 727-726-1900/F 727-726-7440
mike at mgfdlaw.com
Primary Eservice: eservice at mgfdlaw.com
www.mgfdlaw.com<http://www.mgfdlaw.com/>

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Monday, July 25, 2022 7:42 AM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] NAA Lease

Good morning ALL,

One of our clients is considering using the NAA form of Lease for a multi-family project.  Does anyone have experience working with this Lease? Would you recommend?

Any feedback is sincerely appreciated.

Thanks, Maggie

MAGGIE BARRETO‑TERCILLA​​
PARTNER
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Avila Rodriguez Hernandez Mena & Garro LLP
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