[RPPTL Leasing Committee] NAA Lease

[RPPTL Real Estate Leasing Committee]

Hi Everyone,

Would someone from NAA or FAA be willing to do a one-hour webinar for us on
apartment complex leasing this coming year? An introduction to this area of
law would be great for both our committee members and other RPPTL members!

Kristen King Jaiven, Esq.
Kristen King Jaiven, Lawyer, PLLC
Cell: 407-590-9686
Email: Kristen at kkjlawyer.com

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On Mon, Jul 25, 2022 at 10:29 AM RPPTL Real Estate Leasing Committee <
landten at lists.flabarrpptl.org> wrote:

> *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
>
>
>
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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
>
> *Avila Rodriguez Hernandez Mena & Garro LLP*
>
> 2525 Ponce de Leon Boulevard, Penthouse 12th Floor
>
> Coral Gables, Florida 33134
>
> D
>
> 305.779.3563
>
>  EXT
>
> 3563
>
>    O 305 779 3560
>
> mbarreto at avilalaw.com     <mbarreto at avilalaw.com>
>
> www.avilalaw.com <https://avilalaw.com/>
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